Allowed

Sindhujagaayathiri, v. Ravi

Madras HC18 Apr 2023TR CMP(MD)/142/2023

Case brief

AI extract

What is this about?

This is a Transfer Civil Miscellaneous Petition seeking to transfer a Maintenance Order from the Principal Subordinate Court, Dindigul, to the Family Court, Madurai. The High Court allowed the petition, transferring the matter to Madurai while reserving the right to shift it again to a neutral location if the petitioner's family commits violence against the respondent.

What did the court decide?

H.M.O.P.No.210 of 2022 pending in the Principal Subordinate Court, Dindigul is transferred to the Family Court, Madurai. Connected miscellaneous petition closed.

Sindhujagaayathiri, Vs Ravi — Matrimonial and Divorce | Madras HC (2023)

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Tr.CMP(MD)No.142 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 18.04.2023

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CORAM

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THE HONOURABLE MR. JUSTICE C.SARAVANAN

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Tr.CMP(MD)No.142 of 2023 & C.M.P(MD)No.3250 of 2023

Sindujagaayathiri

... Petitioner

Vs.

Ravi

...Respondent

Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw the H.M.O.P.No.210 of 2022 pending on the file of the Principal Subordinate Court, Dindigul and transfer the same to the Family Court, Madurai.

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For Petitioner : Mr.A.Raja

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For Respondent : Mr.P.Manikandan

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Page 1 of 5 https://www.mhc.tn.gov.in/judis

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ORDER

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Tr.CMP(MD)No.142 of 2023

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The petitioner has filed this Transfer Civil Miscellaneous Petition to transfer H.M.O.P.No.210 of 2022 pending on the file of the Principal Subordinate Court, Dindigul to the Family Court, Madurai.

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The marriage between the petitioner and the respondent appears

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to have been solemnized on 07.06.2020 and they are blessed with a minor child.

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The case of the petitioner is that the family of the respondent demanded dowry and therefore, she lodged a complaint against the respondent and his family members. The respondent has filed an Application for Restitution of Conjugal Rights before the Subordinate Court, Dindigul in H.M.O.P.No.56 of 2021. The petitioner appears to have approached this Court on an earlier occasion in Tr.C.M.P.(MD)No. 264 of 2022. This Court by order dated 20.07.2021, directed the transfer of H.M.O.P.No.56 of 2021 to the Family Court, Madurai. However, the

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Tr.CMP(MD)No.142 of 2023

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respondent failed to appear before the Court. It appears that due to family intervention, the petitioner has joined with the respondent. However, thereafter, problems are surfaced, which has led to filing of complaints against each other before different Police Station. The respondent and his family members have filed a police complaint before Theni Police Station, which has been acknowledged in FIR.No.346 of 2022 dated 12.10.2022. The petitioner has also filed a complaint against the respondent and his family members. The Police complaint given by the petitioner was however closed on 26.03.2021 as evident from the reading of the order passed on 08.02.2022 in Crl.O.P.(MD)No.9298 of 2021. The fact remains that the petitioner is residing with her parents and is taking care of her minor child.

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Considering the above, I am inclined to allow this Transfer Civil Miscellaneous Petition. H.M.O.P.No.210 of 2022 pending on the file of the Principal Subordinate Court, Dindigul is transferred to the file of the Family Court, Madurai. It is made clear that, in case, the members of the petitioner's family are found indulging in any violence against the

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Tr.CMP(MD)No.142 of 2023

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respondent, the case will be transferred to a neutral location. With the above observations, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected Miscellaneous Petition is closed.

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18.04.2023

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NCC:Yes/No Index:Yes/No Speaking/Non-speaking order mbi

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Tr.CMP(MD)No.142 of 2023

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C.SARAVANAN, J.

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mbi

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Tr.CMP(MD)No.142 of 2023

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18.04.2023

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Page 5 of 5 https://www.mhc.tn.gov.in/judis

Sindhujagaayathiri, v. Ravi

Case brief

What is this about?

What did the court decide?

Sindhujagaayathiri, v. Ravi

Case brief

What is this about?

What did the court decide?

What the court decided

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