Allowed

Rajathi @ Esther v. S. Saravanan @ Samuel

Madras HC12 Dec 2023TR CMP/188/2023

Case brief

AI extract

What is this about?

This order allowed a transfer petition praying for the transfer of matrimonial proceedings from the Family Court, Trichy to the Family Court, Erode. The court found the petitioner's residence in Erode with her child justifiable grounds for the transfer and directed the return of records within two weeks.

What did the court decide?

The I.D.O.P.No. 391 of 2022 was transferred from Family Court, Trichy to Family Court, Erode, with directions for record transfer.

Rajathi @ Esther Vs S. Saravanan @ Samuel — Matrimonial and Divorce | Madras HC (2023)

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Tr.C.M.P.No.188 of 2023 and CMP.No.4334 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.12.2023

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CORAM:

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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Tr.C.M.P.No.188 of 2023 and CMP.No.4334 of 2023

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---Rajathi @ Esther ... Petitioner Vs. S. Saravanan ... Respondent

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PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to transfer the case proceedings in I.D.O.P.No. 391 of 2022,

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on the file of the Family Court, Trichy and transfer the same to the Family Court, Erode District.

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For Petitioner : Mr. T.Elumalai

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O R D E R

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The petitioner/wife seeks transfer of I.D.O.P.No.391 of 2022 pending

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on the file of the Family Court, Tirchy to the Family Court, Erode. The petitioner /wife seeks transfer of the proceedings before the Family Court, 1/4

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

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Tr.C.M.P.No.188 of 2023 and CMP.No.4334 of 2023

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Erode on the ground that she is living at Erode with her 2 year child in her parental home and she is not able to attend the Court hearings by travelling Erode to Trichy.

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The learned counsel for the petitioner submitted that, the marriage between the respondent and the petitioner was solemnized on 04.01.2019 at Sri Lakshmi Mandapam, Anthiyur, Erode District as per Christian religious rites and customs. Due to misunderstanding the respondent had filed a I.D.O.P.No.391 of 2022, pending on the file of the Family Court, Trichy. Now the petitioner is residing at Erode with her 2 year child in her parental home without any source of income. Hence, she prays to transfer the IDOP.No.391 of 2022 to the Family Court, Erode.

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Considering the facts and circumstances and the reason assigned by

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the petitioner is justifiable, this Court is inclined to transfer the IDOP.No.391 of 2022 to the Family Court, Erode.

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2/4

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

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Tr.C.M.P.No.188 of 2023 and CMP.No.4334 of 2023

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In view of the above, IDOP.No.391 of 2022 is withdrawn from the

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file of the Family Court, Trichy and transferred to the file of the Family Court, Erode. The learned Family Judge, Trichy is directed to send entire records to the learned Family Judge, Erode, within a period of two weeks from the date of receipt of a copy of this order.

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Accordingly, this Transfer Civil Miscellaneous Petition is allowed.

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No costs. Consequently, connected miscellaneous petition is closed.

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However, the learned Family Judge, Erode is directed to issue notice to the respondent and dispose of the case as early as possible in the manner known to law.

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12.12.2023

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Index : Yes / No Neutral Citation: Yes / No Speaking/Non-speaking order

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rri

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3/4

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

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Tr.C.M.P.No.188 of 2023 and CMP.No.4334 of 2023

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T.V.THAMILSELVI, J.

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rri

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1.The Family Judge, Trichy. 2.The Family Judge, Erode.

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Tr.C.M.P.No.188 of 2023

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and CMP.No.4334 of 2023

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12.12.2023

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4/4

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

Rajathi @ Esther v. S. Saravanan @ Samuel

Case brief

What is this about?

What did the court decide?

Rajathi @ Esther v. S. Saravanan @ Samuel

Case brief

What is this about?

What did the court decide?

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