Allowed

Kalpana @ Yogashri v. S.Dineshkumar

Madras HC14 Dec 2023TR CMP/592/2023

Case brief

AI extract

What is this about?

Petitioner sought transfer of a divorce/maintenance petition from Subordinate Court, Tiruchengode, to Family Court, Erode to be tried jointly with another pending petition, citing hardship attending hearings from Erode. Court allowed transfer and directed disposal within five months.

What did the court decide?

Transfer of HMOP No.163 of 2019 from Subordinate Court, Tiruchengode, to Family Court, Erode; direction to dispose of both pending cases within five months.

Kalpana @ Yogashri Vs S.Dineshkumar — Matrimonial and Divorce | Madras HC (2023)

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Tr. CMP. No.592 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.12.2023

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CORAM :

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THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

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TR.CMP No.592 of 2023 and C.M.P.No.14816 of 2023

Kalpana @ Yogashri

Petitioner

-Vs-

S.Dineshkumar …. Respondent

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Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C.,

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to withdraw the H.M.O.P.No.163 of 2019 on the file of the Sub Ordinate Court, Tiruchengode, and transfer the same to the Family Court, Erode and to try along with FCOP.No.274 of 2023 pending on the file of the Family Court, Erode.

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For Petitioner : Mr.M.Guruprasad

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For Respondent : Mr.R.Vivekanandan

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

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Tr. CMP. No.592 of 2023

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O R D E R

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This petition has been filed by the petitioner seeking to withdraw the H.M.O.P.No.163 of 2019 on the file of the Sub Ordinate Court, Tiruchengode, and transfer the same to the Family Court, Erode and to try along with FCOP.No.274 of 2023 pending on the file of the Family Court, Erode.

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The learned counsel for the petitioner submitted that the marriage between the petitioner and the respondent was solemnized on 20.05.2018 and they having girl child. He further submitted that the petitioner has been tortured at the hands of the respondent and his family members. Thereafter, the respondent filed a petition for divorce in HMOP.No.163 of 2019 on the file of the Subordinate Court, Tiruchengode on the ground of cruelty and the petitioner entered appearance and filed her counter statement. Further, the petitioner filed a petition for restitution of conjugal rights in FCOP.No.274 of 2023 before the Family Court, Erode. Both cases are pending. He further submitted that the petitioner is living with her aged mother without source of income and it is very difficult to attend the Court hearing at Tiruchengode along with child. Hence, he prays to allow this petition.

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

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Tr. CMP. No.592 of 2023

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3.The learned counsel for the respondent has raised formal objections in allowing the petition.

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Considering the facts and circumstances of the case and also the fact that the petitioner living with her aged mother without source of income and the reason stated by the petitioner and the same is justifiable. Accordingly, the present Tr.C.M.P. is allowed and the HMOP.No.163 of 2019 pending on the file of the Sub Ordinate Court, Tiruchengode, is withdrawn and transferred to the file of the Family Court, Erode, to try along with FCOP.No.274 of 2023. Consequently, connected miscellaneous petition is closed. No costs.

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The Family Court, Erode, is directed to dispose of the cases in HMOP.No163 of 2019 and FCOP.No.274 of 2023 within a period of five months from the date of receipt of a copy of this order.

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14.12.2023

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Speaking / Non Speaking order Neutral Citation : Yes/No Index :Yes/No msrm

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

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Tr. CMP. No.592 of 2023

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T.V.THAMILSELVI, J.

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msrm

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1.The Subordinate Court, Tiruchengode.

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2.The Family Court, Erode.

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TR.CMP No.592 of 2023 and C.M.P.No.14816 of 2023

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14.12.2023

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

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Kalpana @ Yogashri v. S.Dineshkumar

Case brief

What is this about?

What did the court decide?

Kalpana @ Yogashri v. S.Dineshkumar

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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