Allowed

S.Karthika v. K.Karthik

Madras HC9 Nov 2023TR CMP/635/2023

Case brief

AI extract

What is this about?

This petition sought the transfer of HMOP No.1239 of 2022 (divorce proceedings) from the Principal Family Court, Coimbatore to the Family Court, Karur. The court held that matrimonial proceedings should reside where the wife lives and allowed the transfer.

What did the court decide?

HMOP No.1239 of 2022 transferred to Family Court, Karur; Principal Family Court, Coimbatore directed to transmit case papers.

S.Karthika Vs K.Karthik — Matrimonial and Divorce | Madras HC (2023)

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Tr.C.M.P.No.635 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.11.2023

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CORAM

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THE HONOURABLE MR.JUSTICE T.V.THAMILSELVI

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Tr.C.M.P.No.635 of 2023 and

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C.M.P.No.15854 of 2023

Mrs.S.Karthika

... Petitioner

Vs.

Mr.K.Karthik

... Respondent

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to transfer the case in HMOP No.1239 of 2022 from the Principal Family Court, Coimbatore to Family Court, Karur.

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For Petitioner : Mr.J.Arun Prasad For Respondent : Mr.A.M.Esakkiappan

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O R D E R

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This petition is filed to transfer the case in HMOP No.1239 of 2022

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from the Principal Family Court, Coimbatore to Family Court, Karur.

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Page 1 of 4

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

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Tr.C.M.P.No.635 of 2023

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Heard learned counsel for the petitioner and learned counsel for the respondent.

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The marriage between the petitioner and the respondent was solemnised on 21.06.2021. On account of matrimonial home broke down, the petitioner and the respondent are living separately. The respondent has filed HMOP No.1239 of 2022 before the Principal Family Court, Coimbatore seeking divorce. Per contra, the petitioner has filed HMOP No.226 of 2022 before the Family Court, Karur for Restitution of Conjugal Rights. It is settled proposition that proceedings with regard to matrimonial dispute shall be conducted only at, where, the wife is residing.

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In view of the same, the HMOP No.1239 of 2022 pending on the Principal Family Court, Coimbatore stands transferred to the Family Court, Karur . The Principal Family Court, Coimbatore is directed to transmit all the case papers to the Family Court, Karur. On receipt of case papers, the Family Court, Karur is directed to issue notice to respondent and proceed with case in the manner known to law.

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Page 2 of 4

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

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Tr.C.M.P.No.635 of 2023

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5. With the abovesaid directions, the Transfer Civil Miscellaneous

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Petition stands allowed . However, there shall be no order as to costs.

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Consequently, the connected Miscellaneous Petition is closed.

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09.11.2023

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skr

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

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1.The Judge, The Principal Family Court, Coimbatore.

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2.The Judge, The Family Court, Karur.

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Page 3 of 4

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

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Tr.C.M.P.No.635 of 2023

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T.V.THAMILSELVI, J.

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skr

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Tr.C.M.P.No.635 of 2023

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09.11.2023

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Page 4 of 4

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

S.Karthika v. K.Karthik

Case brief

What is this about?

What did the court decide?

S.Karthika v. K.Karthik

Case brief

What is this about?

What did the court decide?

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