Allowed

S.v.S.J.Arul Mari v. K.Thirumurugan

Madras HC2 Mar 2021TR CMP(MD)/37/2021

Case brief

AI extract

What is this about?

This order transferred matrimonial proceedings from the Family Court, Pondicherry to the III Additional Sub Court, Madurai. Due to a pending restitution of conjugal rights petition in the latter court, the court allowed the transfer to try both matters together and avoid conflicting judgments. The transfer petition was allowed.

What did the court decide?

Transfer of M.O.P. No.429 of 2020 from Family Court, Pondicherry to III Additional Sub Court, Madurai and withdrawal of proceedings therefrom.

S.v.S.J.Arul Mari Vs K.Thirumurugan — Matrimonial and Divorce | Madras HC (2021)

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Tr.C.M.P(MD)No.37 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 02.03.2021

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CORAM

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THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

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S.V.S.J.Arul Mari ... Petitioner/Respondent

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-Vs-

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K.Thirumurugan ... Respondent/Petitioner

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Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw M.O.P No.429 of 2020 pending on the file of the Family Court at Pondicherry and transfer the same to the file of the III Additional Sub Court, Madurai and to try along with H.M.O.P.No.106 of 2020.

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O R D E R

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The wife/petitioner seeks transfer of M.O.P.No.429 of 2020 on the file of the Family Court, Pondicherry to III Additional Sub Court, Madurai, to be tried along with H.M.O,P.No.106 of 2020.

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2.While, H.M.O.P.No.106 of 2020 is one for restitution of conjugal rights, M.O.P.No.429 of 2020 has been filed for divorce. Needless to state that there is a possibility of conflicting judgments, if both petitions are tried separately.

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3.Despite service, the husband/respondent herein is not appearing either in person or through counsel duly instructed.

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4.Considering the fact that there is a possibility of conflicting judgments and the fact that the wife is a resident of Madurai, this Transfer Civil Miscellaneous Petition is allowed and the proceedings in M.O.P.No.429 of 2020 is withdrawn from the file of the Family Court, Pondicherry and transferred to the file of III Additional Sub-Court, Madurai, to be tried along with H.M.O.P.No.106 of 2020 and dispsoed of, in accordance with law. The Family Court, https://hcservices.ecourts.gov.in/hcservices/

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Tr.C.M.P(MD)No.37 of 2021

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Pondicherry is directed to transmit the records to III Additional Sub-Court, Madurai forthwith. No costs. Consequently, connected miscellaneous petition is closed.

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Assistant Registrar ()

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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VSM

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1.The Judge, Family Court, Pondicherry.

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2.The III Additional Subordinate Judge, Madurai.

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3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 copies)

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+1 CC to Mr.R.MURALI, Advocate ( SR-8362[F] dated 03/03/2021 )

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Order made in Tr.C.M.P(MD)No.37 of 2021 and C.M.P(MD) No.710 of 2021 02.03.2021

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SVN(CO) SRS (10/03/2021) 2P : 6C

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

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S.v.S.J.Arul Mari v. K.Thirumurugan

Case brief

What is this about?

What did the court decide?

S.v.S.J.Arul Mari v. K.Thirumurugan

Case brief

What is this about?

What did the court decide?

What the court decided

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