Allowed

B.Balasaraswathi v. R.Balagurunathan

Madras HC8 Nov 2021TR CMP(MD)/405/2021

Case brief

AI extract

What is this about?

A Transfer Civil Miscellaneous Petition was filed by the petitioner-wife to withdraw a Hindu Marriage Petition pending before the Principal Sub Court, Valliyur and transfer it to the Family Court, Thoothukudi, citing long distance. The court considered the respondent's objection regarding convenience.

What did the court decide?

The Transfer Civil Miscellaneous Petition is allowed; the HMOP.No.89 of 2020 is ordered to be withdrawn and transferred to the Sub Court, Tirunelveli.

B.Balasaraswathi Vs R.Balagurunathan — Civil Procedure and Limitation | Madras HC (2021)

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Tr.C.M.P.(MD) No.405 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 08.11.2021

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CORAM

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THE HONOURABLE Ms.JUSTICE P.T.ASHA

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TR.C.M.P.(MD) No.405 of 2021 and C.M.P.(MD) No.7865 of 2021

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B.Balasaraswathi

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... Petitioner/Respondent

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vs.

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R.Balagurunathan

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... Respondent/Petitioner

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Prayer:- This Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the HMOP.No.89 of 2020 pending on the file of the Principal Sub Court, Valliyur, Tirunelveli District and to transfer the same to the Family Court, Thoothukudi.

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For Petitioner : Mr.P.Banuprasath

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For Respondent : Mr.R.Suriyanarayanan

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ORDER

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The above application has been filed by the petitioner/wife seeking transfer of HMOP.No.89 of 2020 pending on the file of the Principal Sub Court, Valliyur, Tirunelveli District to the file of Family Court, Thoothukudi.

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2.The transfer is sought for on account of the fact that the petitioner is residing in Thoothukudi and she has to travel to Valliyur, Tirunelveli District to attend to the said petition and it is a fairly long distance.

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3.The respondent has entered appearance through counsel.

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4.The learned counsel for the respondent would submit that he has no objection to transfer the matter to the file of Sub Court, Tirunelveli. He would further submit that if the matter is transferred to the Family Court, Thoothukudi, the presence of the parties on every hearing would be necessary and therefore, the proceedings may be transferred to the file of Sub Court, Tirunelveli.

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

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Tr.C.M.P.(MD) No.405 of 2021

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5.Considering the above submission, this Transfer Civil Miscellaneous Petition is allowed and the petition in HMOP.No.89 of 2020 pending on the file of the Principal Sub Court, Valliyur, Tirunelveli, is ordered to be withdrawn and transferred to the file of Sub Court, Tirunelveli. The learned Principal Subordinate Judge, Valliyur, Tirunelveli District, is directed to transmit the entire records of HMOP.No.89 of 2020 to the Sub Court, Tirunelveli, as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/Assistant Registrar (CS-II)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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To 1.The Principal Subordinate Judge, Valliyur, Tirunelveli District. 2.The Subordinate Judge, Valliyur, Tirunelveli.

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+1 CC to M/s.P.BANU PRASATH, Advocate ( SR-33719[F] dated 08/11/2021 )

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TR.C.M.P.(MD) No.405 of 2021 08.11.2021

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RK/PM(17/11/2021) 2P 4C

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

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B.Balasaraswathi v. R.Balagurunathan

Case brief

What is this about?

What did the court decide?

B.Balasaraswathi v. R.Balagurunathan

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Coram

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