Allowed

Usha Vaishnavi v. Rajavarman

Madras HC25 Oct 2021TR CMP(MD)/360/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a transfer petition, directing the Family Courts in Thanjavur and Tirunelveli to withdraw juvenile maintenance and restitution of conjugal rights petitions and transfer them to the Family Court in Madurai for joint disposal, considering the petitioner's employment and familial influence.

What did the court decide?

Withdrawal of HMOP No.44 of 2020 from Thanjavur and HMOP No.212 of 2020 from Tirunelveli; Transfer of both cases to the Family Court, Madurai for joint disposal.

Usha Vaishnavi Vs Rajavarman — Matrimonial and Divorce | Madras HC (2021)

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Tr.C.M.P.(MD) No.360 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.10.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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Tr.C.M.P.(MD) No.360 of 2021 and C.M.P(MD) No.7269 of 2021

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Usha Vaishnavi

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... Petitioner/Respondent

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Vs.

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Rajavarman ... Respondent/Petitioner

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the HMOP No.44 of 2020 on the file of the Family Court, Thanjavur and transfer the same to the Family Court, Tirunelveli.

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For Petitioner : Mr.V.Thirumal For Respondent : Mr. N.Mohideen Basha for Mr. J. Jeyakumaran

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O R D E R

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The present Transfer Civil Miscellaneous Petition is filed to withdraw the HMOP No.44 of 2020 on the file of the Family Court, Thanjavur and transfer the same to the Family Court, Tirunelveli.

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The learned counsel for the petitioner would submit that the marriage between the petitioner and the respondent was solemnized on 21.01.2018 at Pragathamani Marriage Hall and out of the wedlock the petitioner was blessed with the child aged about 2 1/2 years now. The petitioner is working as a Engineer in PWD Department and got health ailments and that she has also filed HMOP No.212 of 2020 on the file of the Family Court, Tirunelveli seeking for restitution of conjugal rights, thereby the present petition has been filed seeking for transfer of HMOP No.44 of 2020 on the file of the Family Court, Thanjavur to be tried along with HMOP No. 212 of 2020 on the file of the Family Court, Tirunelveli. The learned counsel would further submit that in similar circumstances, the Hon'ble Apex Court taking into consideration the convenience and the comparative hardship faced by the petitioner/wife had directed to transfer the cases to be tried in Courts near to the petitioner. Thereby, he seeks for transfer.

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The learned counsel for the respondent would submit that petitioner and her relatives are very influential persons in Tirunelveli and the respondent apprehends that if he goes to attend the hearing in Tirunelveli, he will be harassed. However, he would https://hcservices.ecourts.gov.in/hcservices/

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Tr.C.M.P.(MD) No.360 of 2021

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submit that he has no objection in the case being transferred to the file of the Family Court, Madurai.

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4.Considering the facts and circumstances of the case and also considering the submission made by the learned counsel appearing on either sides H.M.O.P. No.44 of 2020 is withdrawn from the file of Family Court, Thanjavur and HMOP No. 212 of 2020 is withdrawn from the file of the Family Court, Tirunelveli and both the cases are transferred to the file of the Family Court, Madurai for disposal as per law. The Family Court, Thanjavur and the Family Cout, Tirunelveli are directed to transmit the papers to the file of the Family Court, Madurai forthwith. The Family Court, Madurai is directed to dispose H.M.O.P. No. 44 of 2020 (transferred from the file of the Family Court, Thanjavur) and HMOP No. 212 of 2020 (transferred from the file of the Family Court, Tirunelveli) on merits and in accordance with law as expeditiously as possible.

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6.In the result, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

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// True Copy //

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aav

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To:

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The Judge, Family Court, Madurai 2. The Judge, Family Court, Thanjavur

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The Judge, Family Court, Tirunelveli

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+1 CC to M/s.V.THIRUMAL, Advocate ( SR-32804[F] dated 27/10/2021 )

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Tr.C.M.P.(MD) No.360 of 2021 and C.M.P(MD) No.7269 of 2021 25.10.2021

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SRK(CO) TR/JGP(16.11.2021) 2P 5C

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

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Usha Vaishnavi v. Rajavarman

Case brief

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Usha Vaishnavi v. Rajavarman

Case brief

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