This petition sought transfer of a restitution of conjugal rights case from Sub-Court Tambaram to Sub-Court Trichy due to the petitioner's residence and distance. The High Court allowed the transfer, directing the lower courts for compliance.
Withdrawal of HMOP.No.712 of 2019 from Sub-Court Tambaram and transfer of the same to Sub-Court Trichy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Tr.C.M.P.(MD) No.65 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.(MD) No.65 of 2020
and C.M.P.(MD)No.1153 of 2021
R.Nivetha
... Petitioner/Respondent
-vs-
P.Sathish Kumar ... Respondent/Petitioner
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the HMOP.No.712 of 2019 pending before the Sub-Court, Tambaram and transfer the same to the Sub-Court, Trichy.
For Petitioner : Mr.C.Dhanaseelan
For Respondent : No Appearance O R D E R
The present Transfer Civil Miscellaneous Petition is filed to to withdraw the HMOP.No.712 of 2019 pending before the Sub-Court, Tambaram and transfer the same to the Sub-Court, Trichy.
2.The learned counsel for the petitioner/wife submits that the respondent/husband has filed HMOP.No.712 of 2019 before the Sub Court, Tambaram for restitution of conjugal rights. It is further submitted that the petitioner is living with her parental home at Thirupathur, Trichy District and she is depending upon on her parents for her livelihood. Moreover, the distance between Trichy and Tambaram is about 280 kms. In such circumstances, it is difficult for the petitioner to travel from Trichy to Tambaram for attending every hearing in HMOP.No.712 of 2019 on the file of the Sub Court, Tambaram. Therefore, he seeks to transfer the case to the file of Sub Court, Trichy.
3.The learned counsel appearing for the respondent is not present.
4.Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner, HMOP.No.712 of 2019 on the file of the Sub Court, Tambaram is withdrawn and transferred to the file of the Sub Court Trichy for disposal as per law. The learned Judge, Sub Court, Tambaram is directed to transmit the papers to the Subordinate Court, Trichy forthwith. The Subordinate Judge, Trichy is directed to dispose HMOP. No.712 of 2019 on merits and in accordance with https://hcservices.ecourts.gov.in/hcservices/
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Tr.C.M.P.(MD) No.65 of 2020
law, as expeditiously as possible.
5.In fine, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) gns To 1.The Sub Court, Tambaram 2.The Subordinate Judge, Trichy. +1 CC to M/s.C.DHANASEELAN, Advocate ( SR-20373[F] dated 28/06/2021 ) Tr.C.M.P.(MD) No.65 of 2020 25.06.2021 CN (02.07.2021) 2P 4C
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1 issue framed by the court
Whether the Hindu Marriage Opposite Party pending before the Sub-Court at Tambaram should be transferred to the Sub-Court at Trichy due to distance and difficulty in appearance.
1 provisions across 1 enactments
R.Nivetha
P.Sathish Kumar
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
