The Madras High Court transferred a restitution of conjugal rights suit from the Sub-Court, Thiruvarur, to the Family Court, Trichy, relieving the petitioner from the burden of traveling alone due to financial constraints and safety concerns.
Transfer of H.M.O.P. No. 10 of 2023 from Sub-Court, Thiruvarur to Family Court, Trichy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Tr CMP (MD) No. 120 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN Tr.C.M.P.(MD) No.120 of 2023 and CMP(MD)No.2732 of 2023
L.Logapushpanjali ... Petitioner/Respondent
-vs-
G.Arivoli ... Respondent/Petitioner
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case on the file of Sub-Court, Thiruvarur, in H.M.O.P. No.10 of 2023 and transfer the same to the Family Court, Trichy.
For Petitioner : Mr.T.A.Omprakash
O R D E R
The present Transfer Civil Miscellaneous Petition is filed to withdraw the
case on the file of Sub-Court, Thiruvarur in H.M.O.P. No. 10 of 2023 and transfer the same to the Family Court, Trichy.
Tr CMP (MD) No. 120 of 2023
2.Despite notice being served through Court and privately on the respondent and the name being printed in the cause list, there is no representation on behalf of the respondent either in person or through counsel.
3.Paragraph 6 of the affidavit reads as under:-
“6..... I humbly submit that respondent hrein alleged the false allegation against men and filed a restitution of conjugal rights in HMOP.No.10 of 2023 before the Sub Court, Thiruvarur. Further, the respondent is an influential person at his home town, all with money and muscle power. Therefore there is no safety for my life, if I go to Thiruvarur to attend the case before Court. However, I received a summon from the Family Court and the date of hearing of the case is coming soon. Therefore, appearing before the Sub-court, Thiruvarur is very much expensive for me, also I have to travel alone all the way from Trichy to Thiruvarur which is a distance of nearly 200 kms for each and every hearing and nobody will accompany me due to financial constraints. Further, more since I was driven away, my father is only taking care of myself. Whereas no prejudice would be caused to the Respondent if the case is transferred to the Family Court, Trichy.”
4.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition. Hence, H.M.O.P. No. 10 of 2023 is transferred from the file of Sub-Court, Thiruvarur to Family Court,
Tr CMP (MD) No. 120 of 2023
Trichy. The Family Court, Trichy, mshall endeavour to complete the proceedings preferably within a period of 12 onths from the date of receipt of copy of this order.
5.With the above observation, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.
26.04.2023
NCC : Yes / No Internet : Yes / No Index : Yes / No
dss
To:
Tr CMP (MD) No. 120 of 2023
C.SARAVANAN, J.
dss
Order made in Tr.C.M.P.(MD) No.120 of 2023 and CMP(MD)No.2732 of 2023
Dated: 26.04.2023
1 issue framed by the court
Whether a civil suit involving a petitioner from Trichy should be transferred to the Family Court, Trichy, due to safety and travel constraints.
1 provisions across 1 enactments
L.Logapushpanjali
G.Arivoli
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
