Allowed

J. Jayaprabha v. R. Murugesh

Madras HC28 Apr 2023TR CMP(MD)/122/2023

Case brief

AI extract

What is this about?

The Madras High Court, Madurai Bench allowed a Transfer Civil Miscellaneous Petition filed by the petitioner under Section 24 CPC. The petitioner sought to transfer matrimonial proceedings from the Family Court, Tiruchirappalli to the Family Court, Thanjavur due to her father's blindness, her mother's ailments, and the dangerous distance involved. The Court transferred the High Court Origin Petiti

What did the court decide?

The petitioner's Transfer Civil Miscellaneous Petition to withdraw H.M.O.P.No.636 of 2022 from Family Court, Tiruchirappalli and transfer it to Family Court, Thanjavur is allowed. No costs.

J. Jayaprabha Vs R. Murugesh — Civil Procedure and Limitation | Madras HC (2023)

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Tr CMP (MD) No. 122 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 28.04.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Tr.C.M.P.(MD) No.122 of 2023 and CMP(MD)No.2750 of 2023

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J.Jeyaprabha ... Petitioner -vsR.Murugesh ... Respondent

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.636 of 2022 on the file of the Family Court, Tiruchirappalli and transfer the same to the Family Court, Thanjavur.

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For Petitioner : Mr.N.Mohan

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O R D E R

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The present Transfer Civil Miscellaneous Petition is filed to withdraw the H.M.O.P.No.636/2022 on the file of the Family Court,Tiruchirappalli and transfer the same to the Family Court, Thanjavur.

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

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Tr CMP (MD) No. 122 of 2023

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The petitioner has taken steps pursuant to the order dated 06.03.2022 on

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the counsel for the respondent, who appears on behalf of the respondent in HMOP.No.636 of 2022 that has been filed before the Family Court, Tiruchirappalli. The notice that was ordered on 06.03.2022 on the counsel for the respondent through Court and privately were returned. The HMOP that has been filed before the Family Court, Tiruchirappalli does not disclose the address of the counsel. By the order dated 20.04.2023, the petitioner was again directed to serve notice on the counsel, who appears for the respondent in HMOP.No.636 of 2022 before the Family Court, Tiruchirappalli. It appears that the notice taken out by the petitioner on 20.04.2023 has been received by the counsel, who appears for the respondent on 21.04.2023. Thus, the notice is completed. The name of the respondent and the counsel is also printed in the cause list today. Despite of the same, there is no representation on behalf of the respondent.

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3.The petitioner has expressed her difficulties in paragraphs 6 and 7 of the affidavit filed in support of the present Transfer Civil Miscellaneous Petition which reads as under:-

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

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Tr CMP (MD) No. 122 of 2023

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“6.I state that the respondent denied all my articles and jewels. They threatened me not to come there to take any things. They have every power threaten me if I go to the Family Court, Trichy. Since my father is blind, I could not go to the court alone. There is every possibility of attack me and get sign from me for divorce.

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7.I state that I am looking after my age old mother. My father is blind. I have to travel more than 50 kilometers to attend the case. It is difficult for me to leave my mother in my house alone and it is difficult for her to travel such a long distance. She is undergoing treatment for may ailments. Unless this Hon'ble Court is indulged to transfer the H.M.O.P.No. 636/20222 to Family Court, Thanjavur, I will be put to irreparable loss and hardship. Therefore, it is necessary to grant an order of interim stay of the further proceeding of the H.M.O.P. Otherwise, I will be put to irreparable loss and hardship.”

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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, HMOP.No.636 of 2022 is transferred from the file of Family Court, Tiruchirappalli to Family Court, Thanjavur. The Family Court, Thanjavur, shall endeavour to complete the proceedings preferably within a period of 12 months from the date of receipt of copy of this order.

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

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Tr CMP (MD) No. 122 of 2023

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C.SARAVANAN, J.

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dss

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5.With the above observation, this Transfer Civil Miscellaneous Petition is

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allowed. No costs. Consequently, the connected miscellaneous petition is closed.

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28.04.2023

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NCC : Yes / No Internet : Yes / No Index : Yes / No dss

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To:

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1.The Family Court, Tiruchirappalli.

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2.The Family Court, Thanjavur.

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Order made in Tr.C.M.P.(MD) No.122 of 2023 and CMP(MD)No.2750 of 2023

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

J. Jayaprabha v. R. Murugesh

Case brief

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J. Jayaprabha v. R. Murugesh

Case brief

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