Allowed

Kavitha @ Keerthi v. J.Suresh

Madras HC3 Jan 2022TR CMP/448/2021

Case brief

AI extract

What is this about?

The Court allowed the Transfer Civil Miscellaneous Petition filed under Section 24 CPC, withdrawing the Original Petition from Sub Court, Ranipet and transferring it to Sub Court, Poonamallee. This decision was made despite the initial request for transfer to Family Court, Chennai, based on the mutual consent of the parties regarding Poonamallee for convenience.

What did the court decide?

H.M.O.P.No. 70 of 2021 withdrawn from Sub Court, Ranipet and transferred to Sub Court, Poonamallee.

Kavitha @ Keerthi Vs J.Suresh — Civil Procedure and Limitation | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.01.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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TR.C.M.P.NO.448 OF 2021

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Mrs. Kavitha @ Keethi ...Petitioner

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Vs.

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Mr. J.Suresh ...Respondent

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PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, praying to withdraw the petition in H.M.O.P.No. 70 of 2021 pending on the file of Sub Court, Ranipet, Vellore and transfer the same to the file of Family Court, Chennai.

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For Petitioner : Mr. N.Nagusah For Respondent : Mr.K.Sakthivel

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O R D E R

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The petitioner/wife seeks transfer of H.M.O.P.No. 70 of 2021 on the file of Sub-Court, Ranipet to the file of Family Court, Chennai.

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2. Transfer is sought for mainly on the ground of convenience as wife is resident of Maduravoyal near Chennai. The husband is shown to be a resident of Walajapet near Ranipet.

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3. Mr.N.Nagusah, learned counsel appearing for the petitioner would fairly submit that though the transfer has been sought for Family Court at Chennai, the Original Petition could be transferred to the Sub Court at Poonamallee so that it will be convenient for both the parties as the presence of the parties is not required for every hearing before the Sub Court.

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4. Mr. K.Sakthivel, learned counsel for the respondent/ husband is also not averse to transfer of the case to the Sub Court, Poonamallee.

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5. In fact, in the counter affidavit filed opposing the transfer, the husband has stated that the Original Petition could be transferred to the Sub Court at Poonamallee.

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

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6. In view of the above, H.M.O.P.No. 70 of 2021 is withdrawn on the file of Sub Court, Ranipet, Vellore and transferred to the file of Sub Court, Poonamallee.

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7. With the above direction, this Transfer Civil Miscellaneous Petition is allowed.

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Sd/-

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Assistant Registrar(CS-III)

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// True Copy //

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Sub Assistant Registrar

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vsg

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1.Family Court, Chennai.

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2.Sub Court, Ranipet Vellore.

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3.The Sub Court,

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Poonamallee.

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+1cc to M/s.N.Nagusah, Advocate Sr.No.543

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Tr.C.M.P.No.448 of 2021

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SJ(CO) RVM(31/01/2022)

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

Kavitha @ Keerthi v. J.Suresh

Case brief

What is this about?

What did the court decide?

Kavitha @ Keerthi v. J.Suresh

Case brief

What is this about?

What did the court decide?

What the court decided

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