Allowed

Kamatchi, v. Rajesh @ Vetharaj

Madras HC16 Feb 2021TR CMP(MD)/301/2020

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court transferred a maintenance proceeding filed for divorce by the husband from Subordinate Court, Thiruvarur, to Subordinate Court, Sivagangai, citing the petitioner wife's residence there. The court allowed the appeal against the transfer order.

What did the court decide?

Withdrawal of H.M.O.P.No.137 of 2019 from Subordinate Court, Thiruvarur, and transfer to Subordinate Court, Sivagangai.

Kamatchi, Vs Rajesh @ Vetharaj — Civil Procedure and Limitation | Madras HC (2021)

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TR.C.M.P.(MD)No.301 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.02.2021

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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TR.C.M.P.(MD)No.301 of 2020 and C.M.P.(MD)No.6485 of 2020

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Kamatchi : Petitioner

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Vs.

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Rajesh @ Vetharaj : Respondent

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PRAYER:- The petition filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.137 of 2019 from the file of the Subordinate Court, Thiruvarur and transfer the same to the file of the Family Court, Sivagangai.

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ORDER

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The wife seeks transfer of H.M.O.P.No.137 of 2019 filed by the husband on the file of the Subordinate Court, Thiruvarur, seeking divorce on the ground of desertion.

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2.Admittedly, the wife is a resident of Sivagangai. Considering the distance between Sivagangai and Thiruvarur, I am of the opinion that the inconvenience caused to the wife will be more, if she is to travel to Thiruvarur for conducting the H.M.O.P. At the same time, the inconvenience, that would be caused to the husband by transferring the case to the Family Court, Sivagangai should also be taken into account.

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3.Considering the same, I am of the opinion that the OP can be transferred to Subordinate Court, Sivagangai, where the presence of the parties for every hearing is not mandatory. The inconvenience caused to the husband by transferring the case to Subordinate Court, Sivagangai, will be largely reduced and he can appear in person for effective hearings only before the Subordinate Court. Hence, H.M.O.P.No.137 of 2019 is, withdrawn from the file of the Subordinate Court, Thiruvarur and transferred to the Subordinate Court, https://hcservices.ecourts.gov.in/hcservices/ Sivagangai, to be heard and disposed of in accordance with law.

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TR.C.M.P.(MD)No.301 of 2020

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4.This Transfer Civil Miscellaneous Appeal is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/Assistant Registrar (AE)

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// True Copy // / /2021 Sub Assistant Registrar(CS-)

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The Subordinate Judge, Thiruvarur.

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The Judge, Family Court, Sivagangai.

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The Subordinate Judge, Sivagangai.

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+1 CC to Mr.S.RAMU, Advocate ( SR-5871[F] dated 18/02/2021 )

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CMR TE : 02/03/2021 : 2P/5C

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TR.C.M.P.(MD)No.301 of 2020 and C.M.P.(MD)No.6485 of 2020 16.02.2021

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https://hcservices.ecourts.gov.in/hcservices/

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Kamatchi, v. Rajesh @ Vetharaj

Case brief

What is this about?

What did the court decide?

Kamatchi, v. Rajesh @ Vetharaj

Case brief

What is this about?

What did the court decide?

What the court decided

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