Allowed

M.Manonmani v. K.Premkumar

Madras HC1 Mar 2023TR CMP(MD)/3/2023

Case brief

AI extract

What is this about?

In a transfer civil miscellaneous petition, the wife sought to transfer her husband's divorce petition from the Family Court, Madurai, to the Subordinate Court, Alandur, Kanchipuram District. The court allowed the petition, observing that issues of reunion are not for determination in transfer proceedings, while directing the receiving judge not to insist on the husband's personal appearance unles

What did the court decide?

O.P.No.1289 of 2022 is withdrawn and transferred to the Subordinate Court, Alandur, Kanchipuram District. The receiving judge shall not insist on the respondent's personal appearance unless compulsory

M.Manonmani Vs K.Premkumar — Matrimonial and Divorce | Madras HC (2023)

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Tr.C.M.P(MD)No.3 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 01.03.2023

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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.3 of 2023 and C.M.P(MD)No.121 of 2023

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M.Manonmani ... Petitioner/ Respondent Vs. K.Premkumar ... Respondent/ Petitioner

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PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in O.P.No.1289 of 2022 before the Family Court, Madurai and transfer the same to the Subordinate Court, Alandur, Kanchipuram District.

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For Petitioner : Mr.I.Robert Chandrakumar For Respondent : Ms.B.Asha

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ORDER

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The present transfer civil miscellaneous petition has been filed by

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the wife seeking to transfer O.P.No.1289 of 2022 filed by the husband for divorce pending on the file of the Family Court, Madurai, to be

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transferred to the Subordinate Court, Alandur, Kanchipuram District.

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

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Tr.C.M.P(MD)No.3 of 2023

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According to the learned counsel for the petitioner/wife, the

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wife is a Government School Teacher and she is a permanent resident of Medavakkam, Chennai, along with her two minor children, who are studying there.

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However, the learned counsel appearing for the

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respondent/husband contended that the wife is not interested for reunion and she is only harassing the husband by way of filing this transfer civil miscellaneous petition.

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The issue of reunion cannot be decided in transfer civil miscellaneous petition and considering the aforesaid facts, the Transfer Civil Miscellaneous Petition stands allowed. Accordingly, O.P.No.1289 of 2022 pending on the file of the Family Court, Madurai, is hereby withdrawn and the same is transferred to the file of the Subordinate Court, Alandur, Kanchipuram District. The learned Subordinate Judge, Alandur, is directed not to insist upon the personal appearance of the respondent/husband, unless his presence is compulsorily required.

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Tr.C.M.P(MD)No.3 of 2023

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No costs. Consequently, connected Miscellaneous Petition is

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closed.

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01.03.2023

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NCC : Yes / No Index : Yes / No Rmk To

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1.The Judge, Family Court, Madurai.

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2.The Subordinate Judge, Alandur, Kanchipuram District.

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Tr.C.M.P(MD)No.3 of 2023

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R.VIJAYAKUMAR ,J.

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Rmk

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Order made in Tr.C.M.P(MD)No.3 of 2023

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01.03.2023

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4/4 https://www.mhc.tn.gov.in/judis

M.Manonmani v. K.Premkumar

Case brief

What is this about?

What did the court decide?

M.Manonmani v. K.Premkumar

Case brief

What is this about?

What did the court decide?

What the court decided

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