Allowed

V.Karthiga v. P.Kaviarasu

Madras HC13 Apr 2022TR CMP/105/2022

Case brief

AI extract

What is this about?

This court allowed a petition under Section 24 CPC to withdraw divorce proceedings from the Subordinate Court, Tiruppathur, and transfer them to the Family Court, Chennai. The transfer was granted because the petitioner, deserted by her husband, resides in Chennai with her infant child and lacks an independent income source.

What did the court decide?

Transfer Civil Miscellaneous Petition allowed; H.M.O.P.No.29 of 2021 withdrawn and transferred to the Family Court, Chennai.

V.Karthiga Vs P.Kaviarasu — Matrimonial and Divorce | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 13.04.2022

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CORAM

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THE HONOURABLE MS. JUSTICE P.T.ASHA

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Tr.CMP. No.105 of 2022 and C.M.P.No.1911 of 2022

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V.Karthiga ... Petitioner/Respondent Vs P.Kaviarasu ... Respondent/Petitioner

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PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the case in HMOP No. 29 of 2021 on the file of the Subordinate Court Tiruppathur and to transfer the same to the Family Court Chennai.

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For Petitioner : Mr.S.V.Karthikeyan For Respondent : No appearance

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ORDER

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The respondent/wife in a petition for divorce filed by the husband on the file of the Subordinate Court, Tiruppathur in H.M.O.P.No.29 of 2021 is the petitioner before this Court. The petitioner seeks to withdraw the above proceedings pending on the file of the Subordinate Court, Tiruppathur and transfer the same to the file of the Family Court, Chennai.

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Reason for seeking the transfer are as follows: i) She is now residing in Chennai with her 5 months old baby and since she has no source of income, she is fully dependent on her widowed mother.

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ii) She would also state that she has to travel about 250 Kms for instructing her counsel and to sign papers.

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The respondent/husband though served has not entered appearance either in person or through counsel.

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Heard the learned counsel for the petitioner/wife.

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

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Considering the fact that the petitioner has been deserted by her husband and is now entirely dependent on her widowed mother, since the respondent has not been maintaining her and her 5 months old baby, her request for seeking transfer appears reasonable.

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In view of the above circumstances, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.29 of 2021, pending on the file of the Subordinate Court, Tiruppathur is withdrawn and transferred to the file of the Family Court, Chennai. No costs. Consequently, connected Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar(CS VII)

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//True Copy//

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Sub Assistant Registrar

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shr

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The Subordinate Judge, Tiruppathur.

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The Family Court, Chennai.

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+1cc to Mr.S.V.Karthikeyan, Advocate, S.R.No.25727

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Tr.CMP. No.105 of 2022 and C.M.P.No.1911 of 2022

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KJ[co] NSK 16/05/2022

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

V.Karthiga v. P.Kaviarasu

Case brief

What is this about?

What did the court decide?

V.Karthiga v. P.Kaviarasu

Case brief

What is this about?

What did the court decide?

What the court decided

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