Allowed

P.Shalini Devi v. C.Munirathinaprabhu

Madras HC7 Aug 2023TR CMP/436/2023

Case brief

AI extract

What is this about?

The Court allowed a civil miscellaneous petition to withdraw H.M.O.P. No.48 of 2023 from the Sub-Court at Thirupattur and transfer it to the Sub-Court at Alandur due to the petitioner's distance of over 200 Kms. The case involves a divorce petition filed by the husband against the petitioner, who operates a play school at Madipakkam.

What did the court decide?

H.M.O.P. No.48 of 2023 withdrawn from Sub-Court, Thirupattur and transferred to Sub-Court, Alandur. No costs awarded.

P.Shalini Devi Vs C.Munirathinaprabhu — Property and Title | Madras HC (2023)

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Tr.CMP.No 436 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.08.2023

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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.436 of 2023 and C.M.P. No.9715 of 2023

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C.Munirathinaprabhu .. Respondent

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PRAYAER:- Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P. No.48 of 2023 on the file of the Sub-Court, Thirupattur and to transfer the same to the Sub-Court, Alandur.

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For Petitioner : Mr.S.R.Hemkumar For Respondent : Mr.V.Elangovan

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O R D E R

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This petition is filed to withdraw H.M.O.P. No. 48 of 2023 from the

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Sub-Court, Thirupattur and to transfer the same to the Sub-Court, Alandur. The petitioner is the wife.

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

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Tr.CMP.No 436 of 2023

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The marriage between the petitioner and wife was solemnized on

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24.08.1998. The respondent husband filed a petition for divorce in H.M.O.P. No. 48 of 2023 on the file of Sub-Court, Thirupattur, under Section 13(1) (i-a) and (i-b) of Hindu Marriage Act.

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It is stated by the learned counsel for the petitioner that the petitioner is currently running a play school and residing at Madipakkam, with her two sons. Learned counsel for the petitioner further submits that the petitioner is unable to attend the hearing of the case, since the distance between Thirupattur and Madipakkam is more than 200 Kms, the petitioner seeks withdrawal and transfer of the case from Sub-Court, Thirupattur to Sub-Court, Alandur, mainly on the ground of convenience.

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In a petition filed by the husband for divorce, the convenience of wife is relevant. Having regard to the facts narrated in the affidavit filed in support of this petition, this Court is fully convinced that the petitioner should not be put to much inconvenience by travelling such a long distance. Hence this Court is inclined to allow this petition. Accordingly, H.M.O.P. No.48 of 2023 pending on the file of the Sub Judge, Thirupattur, is hereby withdrawn and transferred to Sub-Court, Alandur.

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

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Tr.CMP.No 436 of 2023

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This transfer civil miscellaneous petition is thus allowed. No costs.

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Consequently, connected miscellaneous petition is closed.

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07.08.2023

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Index:Yes/No Speaking order / Non speaking order Neutral Citations: Yes/ No

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gba

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1.The Sub Court, Thirupattur.

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2.The Sub-Court, Alandur.

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

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3/4

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Tr.CMP.No 436 of 2023

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V.BHAVANI SUBBAROYAN,J .

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gba

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Tr. C.M.P. No.436 of 2023 and C.M.P. No.9715 of 2023

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07.08.2023

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

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P.Shalini Devi v. C.Munirathinaprabhu

Case brief

What is this about?

What did the court decide?

P.Shalini Devi v. C.Munirathinaprabhu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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