Petitioner sought transfer of a restitution of conjugal rights petition from Thanjavur to Sankarankovil. The Court dismissed the transfer application, noting the wife's unwillingness to cohabit rendered the transfer ineffectual.
Transfer Civil Miscellaneous Petition No.244 of 2011 dismissed; Mediation Petition No.1 of 2011 closed.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2012 CORAM : THE HONOURABLE MR.JUSTICE T.RAJA TR.C.M.P.(MD)No.244 of 2011 and M.P.(MD).No.1 of 2011
S.Usha : Petitioner/Respondent in HMOP Vs.
N.Selvaraj : Respondent/Petitioner in HMOP
Prayer : Petition filed under Section 24 read with Section 151 of the Civil Procedure Code, to withdraw the H.M.O.P.No.195/2011 on the file of the Principal Sub Court, Thanjavur, Thanjavur District, and transfer the same to Sub Court, Sankarankovil, Tirunelveli District.
For Petitioner : Mr.K.Prabhu
For Respondent : Mr.A.D.Ganeshamurthy
ORDER
The present Transfer Civil Miscellaneous Petition has been filed seeking to transfer the H.M.O.P.No.195/2011 from the file of the Principal Sub Court, Thanjavur, Thanjavur District, to the file of the Sub Court, Sankarankovil, Tirunelveli District.
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court to settle the matter amicably, the matter was placed before the Mediation and Conciliation Centre, but the petitioner/wife did not respond to the request of the respondent/husband for reunion. This court also specifically asked the counsel for the petitioner about the intention of the petitioner to join with the respondent. The answer was in the negative. When the respondent/husband filed a petition under section 9 of the Hindu Marriage Act for restitution of conjugal rights, and when the petitioner/wife is not willing to go and join with her husband, no useful purpose will be served by transferring H.M.O.P.No.195/2011 from the file of the Principal Sub Court, Thanjavur, Thanjavur District, to the file of the Sub Court, Sankarankovil, Tirunelveli District. Hence, this Transfer Civil Miscellaneous Petition is dismissed. M.P.(MD).No.1 of 2011 is closed. No costs.
Sd/Deputy Registrar
/TRUE COPY/
Assistant Registrar
To
1)Principal Sub Judge, Thanjavur, Thanjavur District. 2)Sub Judge, Sankarankovil, Tirunelveli District. +1 CC to Mr. A.D. Ganeshamurthy, Advocate in SR.No.43305/12.
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PKS/08.01.2013/2P/4C
TR.C.M.P.(MD)No.244 of 2011 and M.P.(MD).No.1 of 2011 17.12.2012
3 issues framed by the court
Whether the Transfer Civil Miscellaneous Petition to shift the restitution of conjugal rights petition from Thanjavur to Sankarankovil should be allowed given the wife's unwillingness to cohabit.
Whether transferring a Section 9 Hindu Marriage Act petition where the respondent shows no intention to comply with reconciliation serves any useful purpose.
Whether the Transfer Civil Miscellaneous Petition should be dismissed due to the breakdown of relationship and lack of intent to reconcile.
2 provisions across 2 enactments
S.Usha
N.Selvaraj
T.Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
