Dismissed

S. Priya, v. M. Velumani

Madras HC12 Jun 2023TR CMP(MD)/235/2023

Case brief

AI extract

What is this about?

The Madras High Court heard a transfer petition seeking to move a dissolution of marriage case from the Vedasanthur court to the Family Court, Namakal. Finding no case established for transfer despite the petitioner's residence in Namakal and claims regarding the child's custody, the petition was dismissed. A related connected petition was also closed. No costs were awarded.

What did the court decide?

Transfer of H.M.O.P.No.107 of 2022 to Family Court, Namakal was dismissed; connected petition closed.

S. Priya, Vs M. Velumani — Matrimonial and Divorce | Madras HC (2023)

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Tr.C.M.P(MD)No.235 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 HON'BLE MR.JUSTICE C.SARAVANAN

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Tr.C.M.P(MD)No.235 of 2023 and C.M.P(MD)No.5195 of 2023

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S.Priya

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...Petitioner/Petitioner

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Vs.

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M.Velumani ...Respondent/Respondent

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PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the case in H.M.O.P.No.107 of 2022 pending on the file of the learned Subordinate Judge, Vedasanthur, Dindigul District and transfer the same to the Family Court, Namakal or any other competent Court in Namakal within the time stipulated by this Court.

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For Petitioner : Mr.A.Mohamed Riyaz

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For Respondent : Mr.N.Marimuthu

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

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Tr.C.M.P(MD)No.235 of 2023

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to transfer H.M.O.P.No.107 of 2022 pending on the file of the learned Subordinate Judge, Vedasanthur, Dindigul District and transfer the same to the Family Court, Namakal on the ground that the petitioner is residing in Namakkal.

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It appears that the respondent has filed H.M.O.P.No.48 of 2022 before the sub court, Vedasanthur for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, which came to be allowed ex parte on 26.09.2022.

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The petitioner appears to have filed H.M.O.P.No.107 of 2022 for dissolving the marriage solemnised between the petitioner and the respondent. The petitioner is claiming her origin from Namakkal District as the child is left under the care of the petitioner’s parents in Namakkal. The facts on record also indicate that the petitioner is a police constable with the reserved police and is currently stationed in Thiruvallur.

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2/4 https://www.mhc.tn.gov.in/judis

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Tr.C.M.P(MD)No.235 of 2023

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There is no case made out for transferring the case from the file

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of the learned Subordinate Judge, Vedasanthur, Dindigul District to the file of the Family Court, Namakal. Therefore, the present Transfer Civil Miscellaneous Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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12.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn

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To 1.The learned Subordinate Judge, Vedasanthur, Dindigul District.

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2.The Family Court, Namakal

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3.The Section Officer, 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.235 of 2023

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C.SARAVANAN ,J.

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Tr.C.M.P(MD)No.235 of 2023

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12.06.2023

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

S. Priya, v. M. Velumani

Case brief

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S. Priya, v. M. Velumani

Case brief

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