Allowed

K.Chithra @ Sumithra v. T.Sankar

Madras HC7 Nov 2023TR CMP/373/2023

Case brief

AI extract

What is this about?

The High Court of Madras transferred High Marriage Officer Petition No. 14 of 2023 from the Chidambaram court to the Poonamallee court. The petitioner, residing in Chennai with her child, sought the transfer due to the difficulty of traveling to Chidambaram for hearings. The court found the reason justifiable.

What did the court decide?

H.M.O.P.No.14 of 2023 withdrawn from Chidambaram and transferred to Poonamallee; records to be sent within two weeks.

K.Chithra @ Sumithra Vs T.Sankar — Matrimonial and Divorce | Madras HC (2023)

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Tr.C.M.P.No.373 of 2023 and C.M.P.No.7996 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.11.2023

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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. 373 of 2023 and C.M.P.No. 7996 of 2023

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K. Chithra (a) Sumithra ... Petitioner

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Vs.

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T. Sankar ... Respondent

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., praying to withdraw HMOP.No.14 of 2023 pending on the file of

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learned Subordinate Court, Chidambaram and to transfer the same to the file of the Subordinate Court, Poonamallee.

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For Petitioner : Mr. R. Sreedhar

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

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O R D E R

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Tr.C.M.P.No.373 of 2023 and C.M.P.No.7996 of 2023

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

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The learned counsel for the petitioner submitted that the marriage between the respondent and the petitioner was solemnized on 02.07.2006 at Subham Thirumana Mandabam, Chidambaram, Jeyamkondan, as per the Hindu rites and customs. Out of the wedlock, one male child born to them. He further submitted that the petitioner has filed H.M.O.P.No.66 of 2023 before the Subordinate Court, Poonamallee. Further submitted that the petitioner's son is also studying at Chennai. Hence, she prays to transfer the H.M.O.P.No.14 of 2023, to the Subordinate Court, Poonamallee.

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

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Tr.C.M.P.No.373 of 2023 and C.M.P.No.7996 of 2023

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Though notice sent to respondent, the same was returned as

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unclaimed.

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Considering the facts and circumstances and the reason assigned by the petitioner is justifiable, this Court is inclined to transfer the H.M.O.P.No.14 of 2023 to the Subordinate Court, Poonamallee.

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In view of the above, H.M.O.P.No.14 of 2023 is withdrawn from the file of the Subordinate Court, Chidambaram and transferred to the file of Subordinate Court, Poonamallee to be disposed of in accordance with law and the Subordinate Court, Chidambaram is directed to send entire records to the Subordinate Court, Poonamalle, 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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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P.No.373 of 2023 and C.M.P.No.7996 of 2023

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However, the Subordinate Court, Poonamallee is directed to issue

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

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order.

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07.11.2023

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

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The Subordinate Court, Chidambaram.

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The Subordinate Court, Poonamallee.

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

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Tr.C.M.P.No.373 of 2023 and C.M.P.No.7996 of 2023

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T.V.THAMILSELVI, J.

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Tr.C.M.P.No. 373 of 2023 and C.M.P.No. 7996 of 2023

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07.11.2023

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

K.Chithra @ Sumithra v. T.Sankar

Case brief

What is this about?

What did the court decide?

K.Chithra @ Sumithra v. T.Sankar

Case brief

What is this about?

What did the court decide?

What the court decided

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