Remanded

Thangamani v. Senthilkumar

Madras HC8 Nov 2023TR CMP/490/2023

Case brief

AI extract

What is this about?

Two transfer petitions concerning mutual divorce proceedings were consolidated. The court directed parties to appear before the Family Court, Salem, to resolve jurisdictional conflicts between Coimbatore and Thiruvannamalai filings.

What did the court decide?

Petitions withdrawn from Coimbatore and Thiruvannamalai Family Courts; matter remanded to Family Court, Salem with directions for disposal within four weeks.

Thangamani Vs Senthilkumar — Matrimonial and Divorce | Madras HC (2023)

¶1

Tr.C.M.P.Nos.490 & 818 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 08.11.2023

¶4

CORAM :

¶5

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

¶6

Tr.C.M.P. Nos.490 & 818 of 2023 and C.M.P.Nos.11775, 19859 & 19860 of 2023

¶7

Tr.CMP.No.490 of 2023

¶8

Thangamani ... Petitioner ..Vs.. Senthilkumar ... Respondent Tr.CMP.No.818 of 2023 Senthilkumar ... Petitioner ..Vs.. Thangamani ... Respondent

¶9

Prayer in Tr.CMP.No.490 of 2023 :- Petition is filed under Section 24 of C.P.C., to withdraw the H.M.O.P.No.1319 of 2022 on the file of Family

¶10

Court, Coimbatore and transfer the same to the Family Court, Tiruvannamalai, Thiruvannamalai District.

¶11

For Petitioner : Mr.V.Hemnath For Respondent : Mr.R.Marudhachalamurthy

¶12

1/6

¶13

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

¶14

Tr.C.M.P.Nos.490 & 818 of 2023

¶15

Prayer in Tr.CMP.No.818 of 2023 :- Petition is filed under Section 24 of C.P.C., to withdraw the H.M.O.P.No.78 of 2022 on the file of Family

¶16

Court, Thiruvannamalai and transfer the same to the Family Court, Coimbatore in H.M.O.P.No.1319 of 2022.

¶17

For Petitioner : Mr.R.Marudhachalamurthy

¶18

For Respondent : Mr.V.Hemnath

¶19

C O M M O N O R D E R

¶20

The petition No.490 of 2023 is filed to withdraw H.M.O.P.No.1319

¶21

of 2022 from the file of Family Court, Coimbatore and transfer the same

¶22

to the Family Court, Thiruvannamalai, Thiruvannamalai district and the petition No.818 of 2023 is filed to withdraw the H.M.O.P.No.78 of 2022 on the file of Family Court, Thiruvannamalai and transfer the same to the Family Court, Coimbatore in H.M.O.P.No.1319 of 2022.

¶23

Heard both sides and perused the materials available on record.

¶24

The petitioner is the wife in Tr.CMP.No.490 of 2023 and

¶25

2/6

¶26

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

¶27

Tr.C.M.P.Nos.490 & 818 of 2023

¶28

respondent is the husband. In Tr.CMP.No.818 of 2023 the petitioner is the husband and respondent is the wife. The marriage between the petitioner and respondent was solemnized on 28.03.2007 as per Hindu rites and customs. Since, the relationship between the couples went bitter, the respondent/husband filed H.M.O.P.No.1319 of 2022 on the file of the Family Court, Coimbatore, against the Petitioner seeking divorce and to withdraw the O.P.No.78 of 2022 pending on the file of Family Court, Thiruvannamalai and to transfer the same on the file of the Family Court, Coimbatore and the respondent herein who is the husband/petitioner has preferred the petition Tr.CMP.No.818 of 2023 against the respondent seeking divorce and to withdraw H.M.O.P.No.78 of 2022 pending on the file of Family Court, Tiruvannamalai and transfer the same to the file of Family Court, Coimbatore.

¶29

Since both the husband and wife claims for divorce and filed petitions against each other, this Court is of the considered opinion that it would be appropriate to direct both the husband and wife to appear before the Family Court, Salem on 21.12.2023 and on such appearance

¶30

3/6

¶31

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

¶32

Tr.C.M.P.Nos.490 & 818 of 2023

¶33

the trial Court is directed to dispose of the case within a period of four weeks thereafter.

¶34

Accordingly, the Transfer Civil Miscellaneous Petitions are disposed of. The petition in H.M.O.P.No.1319 of 2022 filed by the Respondent/husband is ordered to be withdrawn from the file of Family Court, Coimbatore and transferred to the file of Family Court, Salem and the petition H.M.O.P.No.78 of 2022 filed by the petitioner/wife is ordered to be withdrawn from the file of the Family Court, Thiruvannamalai to Family Court, Salem. The learned Judge, Family Court, Salem is directed to dispose of the case, within a period of four weeks thereafter from the date of appearance of the petitioner and respondent. No costs. Consequently, connected Miscellaneous Petition is closed.

¶35

08.11.2023

¶36

dpq Index:Yes/No Speaking Order: Yes/No

¶37

¶38

The Family Court,

¶39

4/6

¶40

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

¶41

Tr.C.M.P.Nos.490 & 818 of 2023

¶42

Tiruvannamalai, Thiruvannamalai District

¶43

The Family Court, Coimbatore

¶44

The Family Court, Salem.

¶45

T.V. THAMILSELVI, J.

¶46

dpq

¶47

5/6

¶48

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

¶49

Tr.C.M.P.Nos.490 & 818 of 2023

¶50

Tr.C.M.P. Nos.490 & 818 of 2023 and C.M.P.Nos.11775, 19859 & 19860 of 2023

¶51

08.11.2023

¶52

6/6

¶53

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

Thangamani v. Senthilkumar

Case brief

What is this about?

What did the court decide?

Thangamani v. Senthilkumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Chithra @ Sumithra Vs T.Sankar

Bhuvaneswari Vs Ilambharathi

P.N. Seethalakshmi Vs G. Ambikesh

Usharani Vs Srinivasalu Naidu

Kaliammal Vs Indirani

E.Venkatesan Vs v.Sowmiya