Allowed

Uma v. Gopal @ Gopalakrishnan

Madras HC12 Jun 2023TR CMP(MD)/167/2023

Case brief

AI extract

What is this about?

Petitioner filed a transfer petition to move H.M.O.P.No.106 of 2021 from Family Court, Ramanathapuram to Subordinate Court, Mudukulathur for joint trial with her own petition. The court, considering hardship and convenience, allowed the transfer and closed the connected petition.

What did the court decide?

H.M.O.P.No.106 of 2021 transferred from Family Court, Ramanathapuram to Subordinate Court, Mudukulathur for joint trial with H.M.O.P.No.82 of 2021.

Uma Vs Gopal @ Gopalakrishnan — Civil Procedure and Limitation | Madras HC (2023)

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TR.C.M.P.(MD) No.167 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.06.2023

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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.167 of 2023 and C.M.P.(MD) No.3644 of 2023

Uma

... Petitioner

Vs.

Gopal @ Gopalakrishnan ... Respondent

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Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the H.M.O.P.No.106 of 2021 on the file of the Family Court, Ramanathapuram and transfer the same to Subordinate Court, Mudukulathur with direction to conduct the joint trial along with H.M.O.P.No.82 of 2021.

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For Petitioner : No appearance For Respondent : Mr.T.Veerakumar

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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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H.M.O.P.No.106 of 2021 from the Family Court, Ramanathapuram to Subordinate Court, Mudukulathur for being tried along with H.M.O.P.No. 82 of 2021 filed by the petitioner.

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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.167 of 2023

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Today when case was called upon in the forenoon, there was a

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request to pass over. However, when case is called upon in the afternoon, there is no representation on behalf of the petitioner. The learned counsel for the respondent is present.

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In the affidavit filed in support of the present Transfer Civil

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Miscellaneous Petition, the petitioner has stated as follows:-

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In order to escape criminal action from me, the respondent cunningly filed an application for divorce in H.M.O.P.No.106 of 2021 on the file of the Hon'ble Family Court, Ramanathapuram leveling allegations that, I am not leading moral life with him and suspected premarital pregnancy. For each and every hearing, I have to attend by travelling more than 90 KM along with my parents and my minor daughter since we are very orthodox Hindu family. Further I have no sufficient and independent income to meet out the expenses for the same. Since I am not able to maintain myself and minor daughter and the Respondent deserted us and failed to maintain us. I have no monitory support from anybody. Since I and my minor son are depending upon my parents. Being the lady I am also become very tried and tedious due to the long journey and travel to attend the Hon'ble Family Court Ramanathapuram which 90 K.M. away from my village.

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In the interest of justice, the proceedings in H.M.O.P.No.106 of 2021 may be withdrawn from the file of the Hon'ble Family Court, Ramanathapuram and transferred the same for trial and disposal to the file of the

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https://www.mhc.tn.gov.in/judis ____________ Page No. 2 of 4_

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TR.C.M.P.(MD) No.167 of 2023

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Subordinate Judge, Mudukulathur with a direction to conduct joint trial along with H.M.O.P.No.82 of 2021 pending disposal in the court of the Subordinate Judge, Mudukulathur. In order to avoid multicity of proceedings and diversity of judgments by different courts of law, the original petition in H.M.O.P.No.106 of 2021 on the file of the Hon'ble Family Court, Ramanathapuram has to be transferred. It will be convenient for the learned Judge to given findings about the disputed question. If the transfer is not ordered, it will create multicity of proceedings and difference of opinions.

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Being satisfied with the above reasons, I am inclined to allow this Transfer Civil Miscellaneous Petition. H.M.O.P.No.106 of 2021 filed by the respondent before the Family Court, Ramanathapuram is directed to be transferred to the Subordinate Court, Mudukulathur for being tried along with H.M.O.P.No.82 of 2021 filed by the petitioner.

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Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No cost. Consequently, connected Miscellaneous Petition is closed.

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12.06.2023

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NCC : Yes / No Internet: Yes/No Index: Yes/ No jen

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https://www.mhc.tn.gov.in/judis ____________ Page No. 3 of 4_

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TR.C.M.P.(MD) No.167 of 2023

C.SARAVANAN, J.

jen

1.The Family Court, Ramanathapuram.

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2.The Subordinate Court, Mudukulathur.

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TR.C.M.P.(MD) No.167 of 2023 and C.M.P.(MD) No.3644 of 2023

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12.06.2023

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

Uma v. Gopal @ Gopalakrishnan

Case brief

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Uma v. Gopal @ Gopalakrishnan

Case brief

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