Allowed

S. Aishwarya v. Harishkumar

Madras HC5 Jun 2023TR CMP(MD)/140/2023

Case brief

AI extract

What is this about?

The Madras High Court allowed a Transfer Civil Miscellaneous Petition filed under Section 24 CPC. The petitioner sought to transfer H.M.O.P.No.158 of 2022 from the Family Court, Tiruvarur to the Family Court, Thanjavur, citing convenience in attending trials from her residence in Thanjavur.

What did the court decide?

H.M.O.P.No.158 of 2022 directed to be transferred from Family Court, Tiruvarur at Mannargudi to Family Court, Thanjavur.

S. Aishwarya Vs Harishkumar — Civil Procedure and Limitation | Madras HC (2023)

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TR.C.M.P.(MD) No.140 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.06.2023

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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.140 of 2023

S.Aishwarya

... Petitioner

Vs.

Harishkumar

... Respondent

Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, 1908, to withdraw the case in H.M.O.P.No.158 of 2022, from the file of the Family Court, Tiruvarur at Mannargudi and consequently transfer the same to the file of the Family Court, Thanjavur.

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For Petitioner : Mr.M.Dinesh Hari Sudarsan For Respondent : Mr.K.Prabakaran

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O R D E R

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This Transfer Civil Miscellaneous Petition has been filed to transfer

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the case in H.M.O.P.No.158 of 2022 from the file of the Family Court,

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Tiruvarur at Mannargudi to the file of the Family Court, Thanjavur.

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https://www.mhc.tn.gov.in/judis ____________ Page No. 1 of 4_

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TR.C.M.P.(MD) No.140 of 2023

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The learned counsel for the respondent submits that the respondent is residing at Thiruthuraipoondi, Tiruvarur District while the petitioner is residing at Thanjavur. It is submitted that both the petitioner and the respondent are employees in I.T. Sector and are working in Bangalore and therefore, there is no merits in the present Civil Revision Petition.

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The learned counsel for the petitioner on the other hand submits that although the petitioner is working in an I.T. Company, Bangalore, she is working from home in Thanjavur. It is submitted that on an every occasion of trial, the petitioner is required to take her parents along with her to the Family Court, Tiruvarur at Mannargudi and therefore it is inconvenient for the petitioner to travel to the Family Court, Tiruvarur at Mannargudi.

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On the other hand, the learned counsel for the respondent submits that the distance between the residence of the petitioner and the Family Court, Tiruvarur at Mannargudi is only 34 kms and therefore there is no merits in the present Civil Revision Petition.

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

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Page No. 2 of 4

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TR.C.M.P.(MD) No.140 of 2023

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I have considered the arguments advanced by the learned counsel

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for the petitioner and the learned counsel for the respondent.

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Both the petitioner and the respondent are stated to be working in

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I.T. Company at Bangalore though it is the case of the petitioner that she is working from home in Thanjavur. The transfer of H.M.O.P.No.158 of 2022 from the Family Court, Tiruvarur at Mannargudi to the Family Court, Thanjavur will make no difference for the respondent as the respondent is working in Bangalore.

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Considering the above, I am inclined to allow this Transfer Civil Miscellaneous Petition. Therefore, H.M.O.P.No.158 of 2022 is directed to be transferred from the file of the Family Court, Tiruvarur at Mannargudi to the file of the Family Court, Thanjavur.

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Accordingly, this Transfer Civil Miscellaneous Petition is

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allowed. No cost.

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05.06.2023

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Internet: Yes/No Index: Yes/ No jen

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

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____________ Page No. 3 of 4_

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TR.C.M.P.(MD) No.140 of 2023

C.SARAVANAN, J.

jen

Family Court, Mannargudi, Tiruvarur District.

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2.The Family Court, Thanjavur.

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TR.C.M.P.(MD) No.140 of 2023

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05.06.2023

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https://www.mhc.tn.gov.in/judis ____________ Page No. 4 of 4_

S. Aishwarya v. Harishkumar

Case brief

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S. Aishwarya v. Harishkumar

Case brief

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