Allowed

R.Tamilselvi v. C.Ramamoorthy

Madras HC7 Mar 2022TR CMP/42/2021

Case brief

AI extract

What is this about?

The High Court allowed a transfer application under Section 24 CPC regarding matrimonial proceedings. The petition for transferring a case from the Subordinate Judge to the Family Court was approved with a condition that the Family Court shall not insist on the respondent's presence for every hearing.

What did the court decide?

Proceedings transferred from Sub Court, Tambaram to Family Court, Thiruvannamalai, subject to a condition that respondent does not need to appear for every hearing.

R.Tamilselvi Vs C.Ramamoorthy — Matrimonial and Divorce | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.03.2022

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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.42 of 2021 and C.M.P.No.1755 of 2021

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R.Tamilselvi ... Petitioner

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-Vs-

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C. Ramamoorthy ... Respondent

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PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.871 of 2019 on the file of the learned Subordinate Judge, Tambaram, Chengalpattu District and transfer the same to the learned Judge, Family Court, Thiruvannamalai District.

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For Petitioner : Mr.S.Anburaja

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For Respondent : Mr.S.Chinnasamy

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ORDER

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The above application which is filed by the wife seeking to transfer the petition in H.M.O.P.No.871 of 2019 filed by the husband on the file of the Sub Court, Tambaram, Chengalpattu District to the file of the Family Court at Thiruvannamalai District.

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2.The learned counsel appearing for the respondent has no objection but, however, contended that since the matter is now being transferred to the Family Court, the presence of party was mandatory and this would cause hardship to the respondent/husband who would have to travel to Thiruvannamalai for every hearing.

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3.Therefore, in the interest of justice the Transfer Civil Miscellaneous Petition is ordered, withdrawing the proceedings in H.M.O.P.No.871 of 2019, on the file of the Sub Court, Tambaram, Chengalpattu District and transferred to the file of the Family Court at Thiruvannamalai District, subject to the

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

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condition that the Family Court at Thiruvannamalai District shall not insist on the presence of the respondent/husband for every hearing except for attending the counselling session and for adducing evidence. No costs. Consequently, connected Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar(CS V)

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//True Copy//

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Sub Assistant Registrar

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mps

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The Subordinate Judge, Tambaram, Chengalpattu District.

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The Family Judge, Thiruvannamalai District.

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+1cc to Mr.S.Anburaja, Advocate, S.R.No.15364 +1cc to Mr.S.Chinnasamy, Advocate, S.R.No.15119

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Tr.C.M.P.No.42 of 2021 and C.M.P.No.1755 of 2021

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PMK[co] NSK/11/04/2022

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

R.Tamilselvi v. C.Ramamoorthy

Case brief

What is this about?

What did the court decide?

R.Tamilselvi v. C.Ramamoorthy

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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