Allowed

S.Sowmiyaa v. K.Anand

Madras HC10 Mar 2022TR CMP/21/2022

Case brief

AI extract

What is this about?

A Transfer Civil Miscellaneous Petition was filed by a wife to transfer her husband's divorce proceedings from Tindivanam to the Family Court, Chennai. Grounds included financial inability to travel, lack of family support, and residence within Chennai's jurisdiction. The petition was allowed due to sufficient reasons.

What did the court decide?

H.M.O.P.No.27 of 2021 was withdrawn from the Principal Subordinate Court, Tindivanam and transferred to the Family Court, Chennai.

S.Sowmiyaa Vs K.Anand — Service and Employment | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.03.2022

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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.21 of 2022 & C.M.P.No.589 of 2022

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S.Sowmiyaa ...Petitioner

K.Anand

... Respondent

Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.27 of 2021 from the file of learned Principal Subordinate Judge, at Tindivanam and consequently transfer the same to the file of the Family Court, Chennai.

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For Petitioner : Mr.C.P.Sivamohan

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For Respondent : No Appearance

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ORDER

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The above Transfer Civil Miscellaneous Petition is filed by the wife seeking transfer of H.M.O.P.No.27 of 2021, filed by the husband for divorce, on the file of the Principal Subordinate Court, Tindivanam to the file of the Family Court, Chennai.

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The grounds on which the transfer is sought for are as follows:

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(i) The petitioner is not financially sound enough to bear the travel expenses in commuting to the Principal Subordinate Court, Tindivanam for every hearing.

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(ii)The petitioner has no one to accompany her since her aged parents are not in a position to travel with her due to ill health.

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

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(iii)The petitioner has no relatives in Tindivanam, so as to stay there during Court hearings and she has to arrange for her stay at Hotel or Lodge.

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3.The learned counsel for the respondent is absent on both the occasions, i.e., 21.02.2022 as well as today, (10.03.2022).

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Considering the fact that sufficient reasons have been given and also the fact that the petitioner is residing within the Jurisdiction of the Family Court, Chennai, the Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.27 of 2021 is withdrawn from the file of the Principal Subordinate Court, Tindivanam and transferred to the file of the Family Court, Chennai. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

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The presence of the respondent husband is dispensed with except for adducing evidence and attending counselling.

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Sd/-

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Assistant Registrar(CS IX)

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//True Copy//

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Sub Assistant Registrar

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kan

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The Judge,

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The Principal Subordinate Court, Tindivanam.

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The Judge, The Family Court, Chennai.

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+1cc to Mr.C.P.Sivamohan, Advocate, S.R.No.16551

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Tr.C.M.P.No.21 of 2022

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MT[co]

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NSK 11/04/2022

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

S.Sowmiyaa v. K.Anand

Case brief

What is this about?

What did the court decide?

S.Sowmiyaa v. K.Anand

Case brief

What is this about?

What did the court decide?

What the court decided

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