Allowed

J. Prasannadevi v. G. Premkumar

Madras HC28 Aug 2023TR CMP/194/2023

Case brief

AI extract

What is this about?

This Transfer Civil Miscellaneous Petition sought to move a Hindu Marriage Oppression Petition from the Family Court, Pondicherry, to Chennai due to the petitioner's residence, IVF treatment, and elderly parents in Chennai. The court allowed the transfer directing the lower court to expedite disposal.

What did the court decide?

HMOP.No. 654 of 2022 withdrawn from Family Court, Pondicherry and transferred to Family Court, Chennai, trial directed to be conducted expeditiously.

J. Prasannadevi Vs G. Premkumar — Matrimonial and Divorce | Madras HC (2023)

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Tr.CMP.No. 194 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 28.08.2023

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CORAM:

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THE HONOURABLE MRS. JUSTICE V. BHAVANI SUBBAROYAN

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Tr.C.M.P. No. 194 of 2023 and C.M.P. No. 4362 of 2023

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J. Prasannadevi .. Petitioner

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Versus

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G. Premkumar .. Respondent

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Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P. No. 654 of 2022 from the file of the Family Court, Pondicherry and to transfer the same to the file of the Family Court, Chennai.

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ORDER

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This Transfer Civil Miscellaneous petition is filed to withdraw the H.M.O.P. No. 654 of 2022 from the file of the Family Court, Pondicherry and to transfer the same to the file of the Family Court, Chennai.

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1/4

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

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Tr.CMP.No. 194 of 2023

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The case of the petitioner is that the marriage was solemnized on

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02.11.2014 between the petitioner/wife and the respondent/husband before the Sub Registrar Office, Pondicherry vide Reg.No. 338/2015, dated 24.04.2015 as per the Hindu Marriage Act, 1955. After the marriage, there was some matrimonial dispute between them, the respondent/husband filed HMOP.No. 654 of 2022 before the Family Court, Pondicherry, seeking divorce from the petitioner. The parents of the petitioner are aged persons and they are taking care of her younger sister's two year old daughter as well as the petitioner taking IVF treatment at Chennai. The distance from Chennai to Pondicherry about 150 kms. Therefore, it is very difficult to attend the Court hearings from Chennai to Pondicherry. Hence, the petitioner has approached this Court under Section 24 of the Code of Civil Procedure.

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Having regard to the facts and circumstances pointed out by the petitioner, this Court is inclined to transfer the proceeding. Hence, this Court is of the view that the transfer petition can be ordered on the basis of submission of the petitioner and facts found in the affidavit filed in support of this petition. Accordingly, HMOP.No. 654 of 2022 pending on the file of the Family Court, Puducherry, is hereby withdrawn and transferred to the file of the Family Court, Chennai.

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2/4

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

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Tr.CMP.No. 194 of 2023

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Accordingly, the Transfer Civil Miscellaneous petition is allowed.

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After transferring the case, the Court below is directed to dispose of the HMOP.No. 654 of 2022 as expeditiously as possible in the manner known to law. Both parties are directed to co-operate for completing the trial. Consequently, connected Miscellaneous Petition is closed. No costs.

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28.08.2023

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Index:Yes/No Speaking order / Non speaking order MSM

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The Family Court, Pondicherry.

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The Family Court, Chennai.

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https://www.mhc.tn.gov.in/judis 3/4

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Tr.CMP.No. 194 of 2023

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V. BHAVANI SUBBAROYAN, J

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MSM

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Tr.C.M.P. No. 194 of 2023

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28.08.2023

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

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J. Prasannadevi v. G. Premkumar

Case brief

What is this about?

What did the court decide?

J. Prasannadevi v. G. Premkumar

Case brief

What is this about?

What did the court decide?

What the court decided

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