Allowed

T.Anushasree v. R.Balaji

Madras HC1 Apr 2022TR CMP/98/2022

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition to move divorce proceedings from the Principal Family Court, Coimbatore to the Family Court, Erode due to the petitioner's residence distance and care obligations for aging parents, dispensing with her presence for ineffective hearings.

What did the court decide?

Transfer of H.M.O.P.No.195 of 2021 from Principal Family Court, Coimbatore to Family Court, Erode; petitioner exempted from hearing except for counselling and evidence.

T.Anushasree Vs R.Balaji — Matrimonial and Divorce | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01.04.2022

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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.98 of 2022 & C.M.P.No.1854 of 2022

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T.Anushasree ...Petitioner

R.Balaji

...Respondent

Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw H.M.O.P.No.195 of 2021 on the file of the Hon'ble Principal Family Court, Coimbatore and transfer the same to the Hon'ble Sub-Court, Bavani.

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For Petitioner : Mr.M.Ravindhar

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For Respondent : Mr.V.Nicholas

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ORDER

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The above petition is filed by the wife seeking transfer of H.M.O.P.No.195 of 2021, filed by the husband for divorce on the file of the Principal Family Court, Coimbatore to the file of the Sub-Court, Bavani.

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The petitioner wife would submit that she is residing with her parents at Erode. The petitioner would state that she has to travel nearly 150 Kms to attend the hearing. The petitioner would further submit that she has to spend huge amount for travelling and she has to take the assistance of her father, who is physically challenged and her mother who is unwell to attend the hearing.

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Heard the learned counsel and perused the records.

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Though the petitioner has sought for a transfer to the Subordinate Court, Bavani, the respondent's counsel would submit that the petitioner is residing at Erode and therefore the

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

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matter may be transferred to the Family Court, Erode. The learned counsel for the petitioner would fairly concede that the petitioner is residing at Erode and has no objection to the matter being transferred to the Family Court, Erode.

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Accordingly, the Transfer Civil Civil Miscellaneous Petition is allowed. H.M.O.P.No.195 of 2021 pending on the file of the Principal Family Court, Coimbatore is withdrawn and transferred to the file of the Family Court, Erode. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

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Considering the fact that the petitioner has to take care of her father, who is physically challenged and the mother who is unwell, her presence for all ineffective hearing is dispensed with except for attending counselling and for adducing evidence.

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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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kan

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1.The Principal Family Court, Coimbatore.

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2.The Family Court, Erode.

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+1cc to Mr.M.Ravindhar, Advocate SR. No.22077 +1cc to Mr.V.Nicholas, Advocate SR. No. 22310

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Tr.C.M.P.No.98 of 2022

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SMI (CO) PR (12/05/2022)

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

T.Anushasree v. R.Balaji

Case brief

What is this about?

What did the court decide?

T.Anushasree v. R.Balaji

Case brief

What is this about?

What did the court decide?

What the court decided

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