Allowed

N. Sahana v. R. Rishal Kumar

Madras HC12 Jul 2023TR CMP/541/2023

Case brief

AI extract

What is this about?

Wife filed a petition to withdraw a divorce case from the First Additional Family Court, Chennai, to the Family Court, Coimbatore, citing distance and lack of support. The Court, finding travel inconvenient, allowed the transfer based on the wife's residence and convenience.

What did the court decide?

H.M.O.P. No. 1600 of 2023 transferred from First Additional Family Court, Chennai to Family Court, Coimbatore.

N. Sahana Vs R. Rishal Kumar — Matrimonial and Divorce | Madras HC (2023)

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Tr.CMP.No. 541 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.07.2023

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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. 541 of 2023 and C.M.P. No. 12800 of 2023

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N. Sahana .. Petitioner

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Versus

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R. Rishal Kumar .. Respondent

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Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P. No. 1600 of 2023 pending on the file of the First Additionla Family Court, Chennai and to transfer the same to the Family Court, Coimbatore.

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O R D E R

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This petition is filed to withdraw H.M.O.P. No. 1600 of 2023 from the

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file of First Additional Family Court, Chennai, and to transfer the same to the Family Court, Coimbatore. The petitioner is the wife. The marriage between the petitioner/wife and respondent/husband was solemnized on 04.09.2019. The https://www.mhc.tn.gov.in/judis 1/4

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Tr.CMP.No. 541 of 2023

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respondent/husband filed a petition for divorce in H.M.O.P. No. 1600 of 2023 on the file of First Additional Family Court, Chennai, under Section 13(1) (i-a) of the Hindu Marriage Act. It is stated by the learned counsel for the petitioner that the petitioner is not working anywhere and residing at Coimbatore, with her 3 year old child and therefore, she cannot travel from Coimbatore to Chennai.

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The learned counsel for the petitioner submitted that the petitioner who has no support from her family, is unable to attend the hearings of the case along with her minor female child. Since the distance from Coimbatore to Chennai is more than 500 Kms, the petitioner seeks withdrawal and transfer the case from the file of First Additional Family Court, Chennai to the Family Court, Coimbatore, mainly on the ground of convenience of the petitioner/wife.

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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 traveling such a long distance. Hence, this Court is inclined to allow this petition. Accordingly, H.M.O.P. No. 1600 of 2023 pending on the file of the First Additional Family Court, Chennai, is hereby withdrawn and transfer the same to the Family Court, Coimbatore. https://www.mhc.tn.gov.in/judis 2/4

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Tr.CMP.No. 541 of 2023

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This Transfer Civil Miscellaneous Petition is allowed. No costs.

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Consequently, connected Miscellaneous Petition is closed.

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12.07.2023

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Index:Yes/No Speaking order : Yes/No Neutral Citation : Yes/No MSM To 1.The First Additional Family Court, Chennai.

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2.The Family Court, Coimbatore.

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

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3/4

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Tr.CMP.No. 541 of 2023

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V.BHAVANI SUBBAROYAN, J.

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MSM

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Tr.C.M.P. No. 541 of 2023

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12.07.2023

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

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N. Sahana v. R. Rishal Kumar

Case brief

What is this about?

What did the court decide?

N. Sahana v. R. Rishal Kumar

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

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