Allowed

S.Priyanka v. R.Kalaiselvam

Madras HC11 Apr 2022TR CMP/165/2022

Case brief

AI extract

What is this about?

This order grants a transfer petition to move a restitution of conjugal rights case from Neyveli Sub Court to the Family Court, Chennai. The court relied on the petitioner's residence in Chennai and Section 19 of the Hindu Marriage Act, 1955, noting the respondent's default.

What did the court decide?

H.M.O.P. No. 56 of 2020 withdrawn from Neyveli Sub Court and transferred to VII Additional Family Court, Chennai.

S.Priyanka Vs R.Kalaiselvam — Matrimonial and Divorce | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.04.2022

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T.ASHA

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Tr.C.M.P. No.165 of 2022 and C.M.P.No.3282 of 2022

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S. Priyanka ... Petitioner

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-Vs-

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R. Kalaiselvam ... Respondent

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PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.56 of 2020 on the file of the Sub Court, Neyveli, Cuddalore District and to transfer the same to the file of the VII Additional Family Court, Chennai to try along with H.M.O.P.No.1379 of 2021.

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For Petitioner : Mr.C. Prabakaran

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ORDER

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The Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of H.M.O.P.No.56 of 2020 filed by the husband for restitution of conjugal rights before the Sub Court, Neyveli, Cuddalore District, to the file of the VII Additional Family Court, Chennai, to be tried along with H.M.O.P.No.1379 of 2021.

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2.The petitioner would submit that marriage had been solemnized between herself and the respondent on 06.12.2019 at Arulmigu Sri Palamalainathar Temple Viruthambikai Amman Sannathi, Virudhachalam, as per Hindu rites and customs. The respondent was working as a Professor. After the marriage, the respondent demanded dowry from the petitioner and she was harassed both physically as well as mentally. The petitioner was driven out of her matrimonial home. After driving her out, the respondent has filed H.M.O.P.No.56 of 2020 for restitution of conjugal rights before the Sub Court, Neyveli. Subsequently, the petitioner has filed H.M.O.P.No.1379 of 2021 for divorce.

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3.The reasons for seeking the transfer are as follows:

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1.The petitioner is residing at Tondiarpet, Chennai, in her parent's house. The

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

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petitioner's father was affected with cancer stage II.

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2.The distance between Chennai and Neyveli is considerable and she cannot travel each time to attend the hearings. Further, the petitioner has no one to accompany her to the Sub Court, Neyveli or to support her financially.

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3.The petitioner is residing under the territorial jurisdiction of the Family Court, Chennai.

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4.The respondent/husband though served has not entered appearance either in person or though pleader.

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5.Heard the learned counsel appearing for the Petitioner and perused the papers.

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Considering the fact that sufficient reasons have been given and the petitioner wife is residing at Chennai which as per the provisions of Section 19 of the Hindu Marriage Act, 1955, confers Jurisdiction on the place of residence of the respondent wife, the Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.56 of 2020 pending on the file of the Sub Court, Neyveli, Cuddalore District, is withdrawn and transferred to the file of the VII Additional Family Court, Chennai, to be tried along with H.M.O.P.No.1379 of 2021. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

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Sd/Assistant Registrar(CS III)

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/True Copy//

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Sub Assistant Registrar

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mps To

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The Sub Judge, Neyveli,Cuddalore District.

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The VII Additional Judge, Family Court,Chennai.

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+1cc to Mr.C. Prabakaran, Advocate, S.R.No.24963

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Tr.C.M.P. No.165 of 2022 and C.M.P.No.3282 of 2022

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GPL[co] NSK/10/06/2022

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

S.Priyanka v. R.Kalaiselvam

Case brief

What is this about?

What did the court decide?

S.Priyanka v. R.Kalaiselvam

Case brief

What is this about?

What did the court decide?

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