Allowed

N.Swathy Priya v. M.K.Rajagopal

Madras HC6 Apr 2022TR CMP/66/2022

Case brief

AI extract

What is this about?

The petitioner wife transferred the pending matrimonial proceeding H.M.O.P.No.214 of 2021 from Subordinate Court Tambaram to Family Court Salem. The transfer was allowed due to her difficulty traveling from Salem to Chennai and her duty to care for minor children. The petition was allowed with directions regarding respondent's appearance.

What did the court decide?

Proceedings H.M.O.P.No.214 of 2021 withdrawn from Subordinate Court Tambaram and transferred to Family Court Salem. The Judge directed not to insist on respondent's appearance except for counselling a

N.Swathy Priya Vs M.K.Rajagopal — Matrimonial and Divorce | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.04.2022

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CORAM

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THE HON'BLE MS.JUSTICE P.T.ASHA

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TR.C.M.P.NO.66 OF 2022 AND C.M.P.NO.1357 OF 2022

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N.Swathy Priya

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... Petitioner/Respondent

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M.K.Rajagopal

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... Respondent/Petitioner

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, praying to withdraw and transfer the H.M.O.P.No.214 of 2021 pending on the file of the Subordinate Judge at Tambaram to Family Court at Salem.

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For Petitioner : Mr.T.R.Prabhakaran For Respondent : Mr.S.Madhusudanan

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The Petitioner/wife has filed this Transfer Civil Miscellaneous Petition seeking to transfer H.M.O.P.No.214 of 2021 pending on the file of the Subordinate Court, Tambaram, filed by her husband/respondent herein for divorce to the file of the Family Court, Salem on the ground that she finds it very difficult to travel to Chennai all the way from Salem, which is about 350 kms away from Salem and her aged parents are also not in a position to accompany her. Further, she has to take care of her minor children.

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Heard the learned counsel for the petitioner and the learned counsel for the respondent.

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The learned counsel for the respondent, on instructions, would submit that the respondent has no objection for the said transfer.

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Considering the above factors, the proceedings pending on

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

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the file of the Sub-Court, Tambaram in H.M.O.P.No.214 of 2021 is withdrawn and transferred to the file of the Family Court, Salem. The learned Judge, to whom H.M.O.P.No.214 of 2021 is assigned, is directed not to insist upon the appearance of the respondent-husband for every hearing, except for attending counselling and for adducing evidence.

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Accordingly, the Transfer Civil Miscellaneous Petition is allowed. No Costs. Consequently, the connected Civil Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar(CS-VIII)

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//True Copy//

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Sub Assistant Registrar

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srn

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The Judge, Family Court, Salem.

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The Subordinate Judge, Tambaram.

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+1cc to Mr.S.Madhusudhand, Advocate, S.R.No.27564 [28/04/2022]

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Tr.C.M.P.No.66 of 2022 and C.M.P.No.1357 of 2022

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GJ(CO) RLP(20/04/2022)

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

N.Swathy Priya v. M.K.Rajagopal

Case brief

What is this about?

What did the court decide?

N.Swathy Priya v. M.K.Rajagopal

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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