Allowed

S.Bhuvaneswari v. K.Muraliganesan

Madras HC20 Jul 2022TR CMP(MD)/133/2022

Case brief

AI extract

What is this about?

This court allowed a transfer petition to move a high monetary peculation case from Sub Court, Tirumangalam to Sub Court, Sivakasi. The transfer was granted on the ground that the petitioner, the wife, faces hardship traveling the long distance due to age and lack of assistance.

What did the court decide?

The High Money Order Petition (HMOP) No. 190 of 2021 was withdrawn from Sub Court, Tirumangalam and transferred to Sub Court, Sivakasi to be tried along with HMOP No. 79 of 2021.

S.Bhuvaneswari Vs K.Muraliganesan — Service and Employment | Madras HC (2022)

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TR.C.M.P(MD)No.133 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 20.07.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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TR.C.M.P(MD)No.133 of 2022 and C.M.P(MD)No.2588 of 2022

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S.Bhuvaneswari ... Petitioner

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K.Muraliganesh ... Respondent

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Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C, to withdraw HMOP.No.190 of 2021 on the file of the Sub Court, Tirumangalam and transfer the same to the file of the Sub Court, Sivakasi and try along with HMOP.No.79 of 2021 on the file of the Sub Court, Sivakasi.

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For Petitioner : Mr.V.Selvakumar For Respondent : Mr.P.M.Vishnuvardhan

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ORDER

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This Transfer Civil Miscellaneous Petition has

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been filed seeking transfer of the case in

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HMOP.No.190 of 2021 from the Sub Court, Tirumangalam to the Sub Court, Sivakasi.

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1/5

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https://www.mhc.tn.gov.in/judis

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TR.C.M.P(MD)No.133 of 2022

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2.The learned counsel appearing for the petitioner

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submits that the petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 25.02.2018, as per the Hindu Rites and Customs. Now the husband filed HMOP.No.190 of 2021 before the Sub Court, Tirumangalam. Since the petitioner / wife is a resident of Virudhunagar district, she has filed this present Transfer Civil Miscellaneous Petition to transfer the above proceedings to the Sub Court, Sivakasi, on the ground that the distance between Sivakasi and Madurai is more than 140 kms, she is depending on her age old parents and since no one is there to accompany her, she finds it difficult to appear before Court by travelling such a long distance.

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3.The learned Counsel for the respondent has raised his objection to the relief sought for by the petitioner.

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2/5

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https://www.mhc.tn.gov.in/judis

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TR.C.M.P(MD)No.133 of 2022

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4.This Court being satisfied with the reasons

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stated in the affidavit filed in support of this petition and also taking into consideration that it is well settled law that convenience of wife is to be taken into consideration at the time of considering transfer applications as held by the Hon'ble Supreme Court in the judgment reported in 2008(9)SCC 353 (Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta), is inclined to allow the present petition.

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miscellaneous petition stands allowed with the following directions:

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is withdrawn from the Sub Court, Tirumangalam

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and transferred to the Sub Court, Sivakasi.

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Tirumangalam is directed to send the above case records within a period of fifteen days from the date of receipt of a copy of this order to

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3/5

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https://www.mhc.tn.gov.in/judis

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TR.C.M.P(MD)No.133 of 2022

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the learned Sub Judge,Sivakasi, who in turn, on receipt of the case, shall try it along with HMOP.No.79 of 2021 and shall dispose of the same as expeditiously as possible.

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No costs. Consequently, connected miscellaneous petition stands closed.

20.07.2022

Index: Yes/No

dsk

The Sub Judge, Tirumangalam

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The Sub Judge, Sivakasi.

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4/5

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https://www.mhc.tn.gov.in/judis

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TR.C.M.P(MD)No.133 of 2022

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B.PUGALENDHI, J.

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dsk

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TR.C.M.P(MD)No.133 of 2022

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20.07.2022

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5/5

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https://www.mhc.tn.gov.in/judis

S.Bhuvaneswari v. K.Muraliganesan

Case brief

What is this about?

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S.Bhuvaneswari v. K.Muraliganesan

Case brief

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