Allowed

Saranya v. Santhosh Kumar

Madras HC10 Mar 2022TR CMP/78/2022

Case brief

AI extract

What is this about?

The court considered a transfer petition filed by a wife seeking to move her husband's divorce proceedings from Mayiladuthurai to Tiruchirappalli due to medical care needs for her child and Section 19(iii) of the Hindu Marriage Act.

What did the court decide?

The proceedings in H.M.O.P.No.316 of 2021 pending before the Principal Sub-Judge, Mayiladuthurai are withdrawn and transferred to the Family Court, Tiruchirappalli.

Saranya Vs Santhosh Kumar — Pension and Retirement Benefits | 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.78 of 2022 and C.M.P.No.1598 of 2022

Saranya

... Petitioner

Vs.

Santhosh Kumar ... Respondent

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PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw H.M.O.P.No.316 of 2021 pending before the Principal Sub-Judge, Mayiladuthurai, Nagapattinam and transfer the same to the Family Court, Tiruchirappalli filed by the petitioner for divorce.

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For Petitioner : Mr.P.Chandrasekar

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For Respondent : Served – No Appearance

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O R D E R

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The respondent/wife has filed this Transfer Civil Miscellaneous Petition seeking to withdraw H.M.O.P.No.316 of 2021 filed by her husband seeking divorce pending before the learned Principal Sub-Judge, Mayiladuthurai and to transfer the same to the file of the Family Court, Tiruchirappalli filed by the petitioner for divorce.

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The reasons that have been given in the affidavit filed in support of the petition is that the petitioner/wife has a son who is suffering from bone problem, as a result of which, there is an irregular bone development in his legs. Therefore, she has to take care of her son's everyday needs. She would also submit that if she is attending to the case at Mayiladuthurai, she would have to travel a great distance and not only that she would have to leave her son under the care and custody of a 3^rd person. That apart, since under Section 19(iii) of the Hindu Marriage Act, concession is given to the petitioner/wife to have the matrimonial proceedings filed before the Court having jurisdiction at the place where she is living. The

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

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petitioner/wife is now living at Tiruchirappalli, therefore, she would seek to have the matter to Tiruchirappalli.

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The respondent though served has not entered appearance.

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Considering the fact that compelling reasons has been given by the petitioner/wife, the proceedings in H.M.O.P.No.316 of 2021 now pending on the file of the learned Principal SubJudge, Mayiladuthurai is withdrawn and transferred to the file of the Family Court, Tiruchirappalli.

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Accordingly, this 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 III)

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/True Copy//

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Sub Assistant Registrar

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ssn

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The Principal Sub-Judge, Mayiladuthurai, Nagapattinam.

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The Family Court, Tiruchirappalli.

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+1cc to Mr.P.Chandrasekar, Advocate, S.R.No.16548

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Tr.C.M.P.No.78 of 2022 and C.M.P.No.1598 of 2022

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GMR[co] NSK 24/03/2022

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

Saranya v. Santhosh Kumar

Case brief

What is this about?

What did the court decide?

Saranya v. Santhosh Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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