Allowed

Kalaimani v. Ashok Kumar

Madras HC11 Mar 2022TR CMP/89/2022

Case brief

AI extract

What is this about?

Transfer civil miscellaneous petition filed to withdraw a pending divorce petition from Nagapattinam and transfer it to the Subordinate Court, Neyveli, where the petitioner resides with her children and parents to facilitate attendance. The petition was allowed.

What did the court decide?

H.M.O.P.No.61 of 2020 pending with Subordinate Judge, Nagapattinam to be withdrawn and transferred to Subordinate Court, Neyveli.

Kalaimani Vs Ashok Kumar — Matrimonial and Divorce | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.03.2022

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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.89 OF 2022 AND C.M.P.NO.1701 OF 2022

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Kalaimani ...Petitioner

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Ashok Kumar ...Respondent

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PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to grant an order of withdrawal of H.M.O.P.No.61 of 2020 pending on the file of the Court of Subordinate Judge, Nagapattinam and transfer the same to any other Court which is suitable and having jurisdiction to try the case in Neyveli.

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This Transfer Civil Miscellaneous Petition is filed seeking to withdraw H.M.O.P.No.61 of 2020 from the file of the Subordinate Court, Nagapattinam and transfer the same to the file of the Subordinate Court, Neyveli.

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The Petitioner/wife has filed H.M.O.P.No.60 of 2020 under Section 9 of the Hindu Marriage Act before the Subordinate Judge, Neyveli, for restitution of conjugal rights. The respondent-husband has also filed H.M.O.P.No.61 of 2020 under Section 13(1)(i-a) of the Hindu Marriage Act before the Subordinate Judge, Nagapattinam, for divorce.

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Transfer is sought for by the petitioner-wife on the ground that that she is residing in Neyveli along with her two young children and her aged parents. It is her grievance that she finds it very difficult to travel from Neyveli to Nagapattinam District to attend the court hearings on regular basis.

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

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Heard the learned counsel for the petitioner and perused

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the materials available on record. The respondent, though served, has not entered appearance.

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Considering the reasons given and the fact that the

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wife is residing within the Jurisdiction of the Subordinate Court, Neyveli, this Court is of the considered view that the request for transfer should be allowed.

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Accordingly, the transfer Civil Miscellaneous Petition

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is allowed. H.M.O.P.No.61 of 2020 pending on the file of the Subordinate Court, Nagapattinam shall withdrawn and transferred to the file of the Subordinate Court, Neyveli, to be tried along with H.M.O.P.No.60 of 2020. No costs. Consequently, connected 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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srn/ab

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1.The Subordinate Judge, Nagapattinam.

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2.The Subordinate Court, Neyveli.

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3.The Section Officer, V.R.Section, High Court, Madras.

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+1cc to Mr.V.Balamurugane, Advocate, S.R.No.16769

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Tr.C.M.P.No.89 of 2022 and C.M.P.No.1701 of 2022

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MT(CO)

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RVM(25/03/2022)

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

Kalaimani v. Ashok Kumar

Case brief

What is this about?

What did the court decide?

Kalaimani v. Ashok 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

Coram

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