Allowed

Sivaranjani v. Manikandan @ Sivakumar

Madras HC27 Nov 2023TR CMP/269/2023

Case brief

AI extract

What is this about?

This single judge order allowed a Transfer Civil Miscellaneous Petition seeking to transfer domestic proceedings from the Family Court, Puducherry to the Family Court, Chennai. The court accepted the petitioner's justification based on the difficulty of traveling 270 km to attend hearings.

What did the court decide?

Transfer of H.M.O.P.No.14 of 2023 from Family Court, Puducherry to Family Court, Chennai; transmission of records within two weeks; notice to proceed within six months.

Sivaranjani Vs Manikandan @ Sivakumar — Matrimonial and Divorce | Madras HC (2023)

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Tr.C.M.P.No.269 of 2023 and C.M.P.No.5929 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27.11.2023

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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. 269 of 2023 and C.M.P.No. 5929 of 2023

Sivaranjani

... Petitioner

Vs.

1.Manikandan @ Sivakumar

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2.The Commissioner, Karaikal Municipality, Office of the Karaikal Municipality, Karaikal Town and District. ... Respondents PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24

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of C.P.C., praying to withdraw and transfer the H.M.O.P.No.14 of 2023

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pending on the file of the Family Court, Puducherry to the file of Family Court, Chennai.

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For Petitioner : Mr. R. Vijayaraghaven

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For Respondents : Mr. T. Saikrishnan, for R1

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

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Tr.C.M.P.No.269 of 2023 and C.M.P.No.5929 of 2023

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O R D E R

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The petitioner / wife seeks transfer of H.M.O.P.No. 14 of 2023 pending on the file of Family Court, Puducherry to the Family Court, Chennai. The petitioner / wife seeks transfer of the proceedings before the Family Court, Chennai on the ground that she is living at Chennai with one female child and she is not able to attend the Court hearings by travelling 270 kms.

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The learned counsel for the petitioner submits that the marriage between the respondent and the petitioner was solemnized on 02.02.2014 at Karaikal, as per Hindu Rites and Customs. Out of the wedlock, one female child born to them. Further submitted that it is difficult to travel nearly 270 kms to attend the Court proceedings at Karaikal. Hence, she prays to transfer the H.M.O.P.No. 14 of 2023, to the Family Court, Chennai.

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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 H.M.O.P.No. 14 of 2023 to the Family Court, Chennai.

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

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Tr.C.M.P.No.269 of 2023 and C.M.P.No.5929 of 2023

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In view of the above, H.M.O.P.No.14 of 2023 is withdrawn from

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the file of the Family Court, Puducherry and transferred to the file of the Family Court, Chennai to be disposed of in accordance with law and the Family Court, Puducherry, is directed to send entire records to the Family Court, Chennai, 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 Family Court, Chennai is directed to issue notice to

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the respondent and then proceed with the matter as early as possible, preferably within a period of six months from the date of this order.

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27.11.2023

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Index : Yes / No Neutral Citation: Yes / No AT

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

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Tr.C.M.P.No.269 of 2023 and C.M.P.No.5929 of 2023

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T.V.THAMILSELVI, J.

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The Family Court, Puducherry.

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The Family Court, Chennai.

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Tr.C.M.P.No. 269 of 2023 and C.M.P.No. 5929 of 2023

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27.11.2023

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

Sivaranjani v. Manikandan @ Sivakumar

Case brief

What is this about?

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Sivaranjani v. Manikandan @ Sivakumar

Case brief

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