Allowed

M.Jenitta Jean Christy, v. H.Methew Joel Arulanandham

Madras HC17 Apr 2021TR CMP(MD)/79/2021

Case brief

AI extract

What is this about?

The Court transferred a petition for restitution of conjugal rights from the District Judge, Theni, to the Family Court, Tiruchirappalli, due to the petitioner's financial dependency and difficulty in attending hearings at a distance, upon the respondent's consent.

What did the court decide?

Transfer of I.D.O.P.No.80 of 2020 from District Judge, Theni to Family Court, Tiruchirappalli; dismissal with no costs.

M.Jenitta Jean Christy, Vs H.Methew Joel Arulanandham — Matrimonial and Divorce | Madras HC (2021)

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Tr CMP (MD) No. 79 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.79 of 2021 and C.M.P.(MD)No.1441 of 2021

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M.Jenitta Jean Christy ... Petitioner/Respondent

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Vs.

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H.Mathew Joel Arulanandham

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... Respondent/Petitioner

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the petition in I.D.O.P.No.80 of 2020 from the file of the learned District Judge, Theni, Theni District to the file of the Family Court, Tiruchirappalli, Tiruchirappalli District.

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For Petitioner : Mr.A.Thiruvadi Kumar For Respondent : Mr.B.Arun

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O R D E R

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The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in I.D.O.PNo.80 of 2020 on the file of the learned District Judge, Theni, Theni District and transfer the same to the file of the Family Court, Tiruchirappalli, Tiruchirappalli District.

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2.The learned counsel for the petitioner/wife submits that the respondent/husband has filed I.D.O.P.No.80 of 2020 before the District Judge, Theni for restitution of conjugal rights. It is further submitted that the petitioner is a dependent on her family. In such circumstances, the petitioner could not able to travel to Theni from Thiruchirappalli for attending every hearing in I.D.O.P.No.80 of 2020 on the file of the District Judge, Theni, Theni District.

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The learned counsel for the respondent has no objection for transferring the case.

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This Court is satisfied with the reasons stated in the affidavit filed in support of this petition.

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Considering the facts and circumstances of the case and also considering the submissions made by learned counsel for the petitioner, I.D.O.P.No.80 of 2020 is withdrawn from the file of the District Judge, Theni, Theni District and transferred to the file of the Family Court, Thiruchirappali, Tiruchirappalli District for disposal as per law. The District Judge, Theni, Theni District, is directed to transmit the papers to the Family Court, Tiruchirappali, Tiruchirappalli forthwith. The Judge, Family Curt, Tiruchirappalli, https://hcservices.ecourts.gov.in/hcservices/

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Tr CMP (MD) No. 79 of 2021

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Tiruchirappalli District is directed to dispose I.D.O.P.No.80 of 2020 on merits and in accordance with law as expeditiously as possible.

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6.This petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar (CS I)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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CM/RMK

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To: 1.The Principal District Judge, Theni, Theni District

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2.The Judge, Family Court,

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Tiruchirappalli, Tiruchirappalli District

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+1 CC to M/s.A.THIRUVADI KUAMR, Advocate ( SR-16620[F] dated 20/04/2021 )

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Tr.C.M.P.(MD) No.79 of 2021 and C.M.P.(MD)No.1441 of 2021 17.04.2021

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KK(27.05.2021) 2P 4C

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

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M.Jenitta Jean Christy, v. H.Methew Joel Arulanandham

Case brief

What is this about?

What did the court decide?

M.Jenitta Jean Christy, v. H.Methew Joel Arulanandham

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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