Allowed

Malarvizhi v. Karthik

Madras HC29 Apr 2021TR CMP(MD)/88/2021

Case brief

AI extract

What is this about?

Wife approached Madras High Court via Transfer Civil Miscellaneous Petition to withdraw O.P. No. 352 of 2020 filed by Respondent for restitution of conjugal rights in Theni Family Court and transfer it to Trichy Family Court due to distance and lack of caretaker.

What did the court decide?

All O.P. No. 352 of 2020 withdrawn from Family Court, Theni, transferred to Family Court, Trichy for disposal on merits; Judge, Theni directed to transmit papers.

Malarvizhi Vs Karthik — Service and Employment | Madras HC (2021)

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Tr CMP (MD) No. 88 of 2021

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Malarvizhi

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 29.04.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.88 of 2021 and C.M.P(MD)No.1879 of 2021

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... Petitioner/Respondent

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-vs-

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Karthik

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... Respondent/Respondent

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in O.P.No.352 of 2020 on the file of the Family Court, Theni, Theni District to the file of the Family Court, Trichy, Trichy District.

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For Petitioner : Mr.M.Pitchai Muthur

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For Respondent : No Appearance

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O R D E R

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The present Transfer Civil Miscellaneous Petition is filed to withdraw O.P.No.352 of 2020 on the file of the Family Court, Theni, Theni District and transfer the same to the file of the Family Court, Trichy, Trichy District.

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2.The respondent has filed O.P.No.352 of 2020 before the Family Court, Theni, Theni District for restitution of conjugal rights.

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The learned counsel for the petitioner/wife submitted that the petitioner is having a tender child and nobody to assist the petitioner to attend the hearing in O.P.No.352 of 2020. The distance between Trichy to Theni is nearly 185 kms. Hence, the petitioner prays for transfer of O.P.No.352 of 2020 from the file of the Family Court, Theni, Theni District to the file of the Family Court, Trichy, Trichy District.

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Today, when the matter is taken up for hearing, there is no representation on behalf of the respondent either in person or through counsel.

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This Court considered the arguments made by the learned counsel for the petitioner.

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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 considering the submission made by the learned counsel for the petitioner, O.P.No.352 of 2020 is withdrawn from the Family Court, https://hcservices.ecourts.gov.in/hcservices/

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Tr CMP (MD) No. 88 of 2021

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Theni, Theni District and transferred to the file of the Family Court, Trichy, Trichy District., for disposal as per law. The Judge, Family Court, Theni, Theni District is directed to transmit the papers to the file of the Family Court, Trichy, Trichy District forthwith. The Judge, Family Court, Trichy, Trichy District is directed to dispose O.P.No.352 of 202 on merits and in accordance with law as expeditiously as possible.

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8.In fine, this petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

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Assistant Registrar (AS)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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msa/CM

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To: 1. The Judgde, Family Court, Theni, Theni District. 2.The Judge, Family Court, Trichy, Trichy District.

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+1 CC to M/s.M.PITCHAI MUTHU, Advocate ( SR-18340[F] dated 03/05/2021 )

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Order made in Tr.C.M.P.(MD) No.88 of 2021 and C.M.P(MD)No.1879 of 2021 29.04.2021

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KK(24.05.2021) 2P 4C

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

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Malarvizhi v. Karthik

Case brief

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Malarvizhi v. Karthik

Case brief

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