Allowed

Shakthi v. Ravi Kumar

Madras HC24 Feb 2023TR CMP(MD)/13/2023

Case brief

AI extract

What is this about?

Transfer Civil Miscellaneous Petition filed by the wife seeking transfer of matrimonial domicile property suit from Mettur, Salem District to Tenkasi, Thiruvallur District. The petition was allowed, and the connected suit was transferred to align with the permanent resident jurisdiction, as the husband did not appear.

What did the court decide?

Impugned H.M.O.P. No. 80 of 2022 is withdrawn from Mettur and transferred to Sub Court, Tenkasi.

Shakthi Vs Ravi Kumar — Partition | Madras HC (2023)

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Tr.C.M.P.(MD)No.13 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24.02.2023

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CORAM

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THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

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Tr.C.M.P.(MD)No.13 of 2023 and C.M.P.(MD)No.250 of 2023

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Shakthi

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... Petitioner/ Respondent

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Vs.

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Ravi kumar ... Respondent/Petitioner

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw and transfer H.M.O.P.No.80 of 2022 on the file of the Subordinate Judge, Mettur, Salem District to be tried along with H.M.O.P.No.273 of 2022 on the file of Sub Court, Thenkasi, Thenkasi District.

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For Petitioner : Mr.R.Ilayaraja

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For Respondent : No appearance

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1/4

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

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Tr.C.M.P.(MD)No.13 of 2023

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ORDER

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The present petition has been filed by the wife, seeking transfer of the case in H.M.O.P.No.80 of 2022 pending on the file of the Subordinate Court, Mettur, Salem District to be transferred to the Sub Court, Thenkasi, Thenkasi District on the ground that she has already filed H.M.O.P.No.273 of 2022 before the Sub Court, Tenkasi and she is a permanent resident of Tenkasi.

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2. Though notice has been served on the respondent / husband, he

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has not chosen to appear either in person or through counsel.

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Considering the fact that connected H.M.O.P.No.273 of 2022 is already pending before the Sub Court, Tenkasi, H.M.O.P.No.80 of 2022 pending on the file of Subordinate Court, Mettur, Salem District is hereby withdrawn and transferred to Sub Court, Thenkasi, Thenkasi District.

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

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Tr.C.M.P.(MD)No.13 of 2023

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4. With the above said observations, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

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24.02.2023

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NCC : Yes / No Index : Yes / No Sm

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1.The Subordinate Court, Mettur, Salem District.

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2.The Sub Court, Thenkasi, Thenkasi District.

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3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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3/4

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

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Tr.C.M.P.(MD)No.13 of 2023

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R.VIJAYAKUMAR, J.

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Order made in Tr.C.M.P.(MD)No.13 of 2023

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24.02.2023

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

Shakthi v. Ravi Kumar

Case brief

What is this about?

What did the court decide?

Shakthi v. Ravi Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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