Allowed

Bhuvaneswari v. Ilambharathi

Madras HC7 Nov 2023TR CMP/475/2023

Case brief

AI extract

What is this about?

The petitioner sought transfer of matrimonial proceedings from Cuddalore to Perambalur Family Court due to her residence there and childcare responsibilities. The High Court allowed the transfer, exempting the petitioner from retravelling and directing record transmission.

What did the court decide?

Transfer of H.M.O.P.No.18 of 2023 to Family Court, Perambalur; records to be sent within two weeks; mediation directed for not less than five sittings.

Bhuvaneswari Vs Ilambharathi — Matrimonial and Divorce | Madras HC (2023)

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Tr.C.M.P.No.475 of 2023 and C.M.P.No.10894 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. 475 of 2023 and C.M.P.No. 10894 of 2023

Bhuvaneswari

... Petitioner

Vs.

Ilambharathi

... Respondent

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., praying to withdraw the casein H.M.O.P.No.18 of 2023 on the file of learned Principal Sub-Court, Virudhachalam, Cuddalore District and transfer the same to the learned Family Court, Perambalur.

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For Petitioner : Mr. M. Vijaya Ragavan For Respondent : Mrs. R. Meenal

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1/5

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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.475 of 2023 and C.M.P.No.10894 of 2023

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The petitioner / wife seeks transfer of H.M.O.P.No.18 of 2023

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pending on the file of Principal Sub Court, Virudhachalam, Cuddalore District to the Family Court, Perambalur. The petitioner / wife seeks transfer of the proceedings before the Family Court, Perambalur on the ground that she is living at Perambalur with two months old baby and she is not able to attend the court hearings by travelling 80 kms.

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The learned counsel for the petitioner submitted that the marriage between the respondent and the petitioner was solemnized on 08.11.2021 at Tharanisri Marriage Hall, Viruthachalam, as per Hindu Marriage Rites and Customs. Out of the wedlock, one female child born to them. Further submitted that now the petitioner is living with her parents along with her two months old baby and it is difficult to travel nearly 80 kms to attend the Court proceedings at Cuddalore. Hence, she prays to transfer the HMOP.No.18 of 2023, to the Family Court, Perambalur.

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

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Tr.C.M.P.No.475 of 2023 and C.M.P.No.10894 of 2023

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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 HMOP.No.18 of 2023 to the Family Court, Perambalur.

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In view of the above, H.M.O.P.No.18 of 2023 is withdrawn from

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the file of the Principal Sub Court, Virudhachalam, Cuddalore District and transferred to the file of Family Court, Perambalur to be disposed of in accordance with law and the Principal Sub Court, Virudhachalam, Cuddalore District is directed to send entire records to the Family Court, Perambalur 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, Perambalur is directed to issue notice

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to the respondent and also refer the matter to the mediation, not less than 5 sittings are suggested at the Mediation Centre, Perambalur and then proceed

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

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Tr.C.M.P.No.475 of 2023 and C.M.P.No.10894 of 2023

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the case as early as possible, preferably within a period of six months from the date of this 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 Principal Sub Court, Virudhachalam, Cuddalore District.

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The Family Court, Perambalur.

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

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Tr.C.M.P.No.475 of 2023 and C.M.P.No.10894 of 2023

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T.V.THAMILSELVI, J.

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Tr.C.M.P.No. 475 of 2023 and C.M.P.No. 10894 of 2023

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07.11.2023

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

Bhuvaneswari v. Ilambharathi

Case brief

What is this about?

What did the court decide?

Bhuvaneswari v. Ilambharathi

Case brief

What is this about?

What did the court decide?

What the court decided

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