Allowed

K.Gayathri v. a.Saravanakumar

Madras HC19 Mar 2021TR CMP(MD)/62/2021

Case brief

AI extract

What is this about?

Judge R. Subramanian allowed a transfer petition seeking to move a divorce matter from the Family Court, Madurai to the Sub Court, Srivilliputhur. The court held the transfer was feasible and convenient for both parties as proceedings before the Sub Court do not mandate party presence for every hearing.

What did the court decide?

H.M.O.P.No.529 of 2020 withdrawn from Family Court, Madurai and transferred to Subordinate Court, Srivilliputhur; Family Court directed to transmit papers.

K.Gayathri Vs a.Saravanakumar — Specific Performance | Madras HC (2021)

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Tr.C.M.P(MD)No.62 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 19.03.2021

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CORAM

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THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

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Tr.C.M.P(MD)No.62 of 2021 and C.M.P(MD) No.1159 of 2021

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K.Gayathri

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... Petitioner/Respondent -Vs-

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A.Saravanakumar ... Responden/Petitioner

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Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the petition HMOP No.529 of 2020 on the file of the Family Court, Madurai, and transfer to the Family Court, Srivilliputhur.

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For Petitioner : Mr.S.Pandiyaraj For Respondent : Mr.M.Chellapandian

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ORDER

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The wife seeks transfer of HMOP.No.529 of 2020 filed by the husband on the file of the Family Court, Madurai, seeking divorce under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 to the Family Court, Srivilliputhur.

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2.Transfer is sought for solely on the ground of convenience.

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3.The learned counsel appearing for the respondent/husband would submit that the respondent is a resident of Madurai and if the proceeding is transferred to the Family Court at Srivilliputhur, it will be difficult for the respondent, since the Family Courts Act requires presence of the parties for every hearing.

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4.Considering the same as well as the convenience of the wife, I am of the opinion that the proceedings could be transferred to the Sub Court, Srivilliputhur, since the proceedings before the Sub Court do not require the presence of the parties for every hearing, it will be convenient for both the parties.

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

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Tr.C.M.P(MD)No.62 of 2021

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5.In view of the above, H.M.O.P.No.529 of 2020 is withdrawn from the file of the Family Court, Madurai and transferred to the file of Subordinate Court, Srivilliputhur, to be disposed of, in accordance with law. The Family Court, Madurai is directed to transmit the papers to the Subordinate Court, Srivilliputhur, forthwith.

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6.Accordingly, this Transfer Civil Miscellaneous Petition is allowed. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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1.The Judge, Family Court, Madurai.

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2.The Judge, Family Court, Srivilliputhur.

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+1 CC to M/s.J.YESU SUBANANTH, Advocate(SR-12413[F] dated 19/03/2021)

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Tr.C.M.P(MD)No.62 of 2021 19.03.2021

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nsv (24.04.2021) 2P 4C

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

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K.Gayathri v. a.Saravanakumar

Case brief

What is this about?

What did the court decide?

K.Gayathri v. a.Saravanakumar

Case brief

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