Allowed

Sampath alias Sampathkumar, v. Manjula alias Sumathy

Madras HC9 Oct 2023TR CMP(MD)/387/2023

Case brief

AI extract

What is this about?

The Court allowed a transfer petition filed under Section 24 CPC. It ordered the withdrawal of suit O.S.No.2 of 2021 from the Family Court, Karur, and its transfer to the Family Court, Trichy for disposal, while dismissing allegations regarding the Judge of the Family Court, Karur.

What did the court decide?

Suit O.S.No.2 of 2021 withdrawn from Family Court, Karur and transferred to Family Court, Trichy to be disposed of within four months.

Sampath alias Sampathkumar, Vs Manjula alias Sumathy — Matrimonial and Divorce | Madras HC (2023)

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Tr.C.M.P(MD).No.387 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.10.2023

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CORAM

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THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

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Tr.C.M.P (MD).No.387 of 2023 and C.M.P(MD)No.8193 of 2023

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Sampath @ Sampathkumar : Petitioner/Respondent

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Vs.

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Manjula @ Sumathy : Respondent/Petitioner

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the case in O.S.No.2 of 2021 on the file of the Family Court, Karur and transfer the same to the file of the Family Court, Trichy or any other Court.

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For Petitioner : Mr.S.Sukumar For Respondent : Mr.K.Arunraj

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O R D E R

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The Transfer Civil Miscellaneous Petition has been filed to seeking orders to transfer the case in O.S.No.2 of 2021 on the file of the on the file of the Family Court, Karur to the file of the Family Court, Trichy or any other Court.

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https://www.mhc.tn.gov.in/judis 1/4

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Tr.C.M.P(MD).No.387 of 2023

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It is not in dispute that the divorce petition in H.M.O.P.No.259 of

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2018, has been filed by the respondent, whereas the petitioner has filed a petition in H.M.O.P.No.6 of 2022 for restitution of conjugal rights and the petitioner has also filed a suit in O.S.No.2 of 2021 and all the above cases are pending on the file of the Family Court, Karur.

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The learned counsel for the petitioner would submit that he has filed

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a memo for conducting joint trial of the above three cases, but joint trial was ordered only with respect to the HMOPs. He would further submit that the learned Judge, Family Court, without giving proper opportunities has proceeded with the trial and passed common order.

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No doubt, the petitioner has raised some allegations against the

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learned Judge of the Family Court, for which, the learned predecessor Judge has already called for an explanation from the concerned Court. But on considering the allegations levelled and the explanation submitted, I am of the view that the allegations against the learned Judge are without any basis and their only intention was to drag on the proceedings.

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

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Tr.C.M.P(MD).No.387 of 2023

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Whatever it is, since the learned Judge of the Family Court, Karur has already decided the above two HMOPs, this Court is inclined to transfer the suit in O.S.No.2 of 2021 from the said Court.

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6.Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The suit in O.S.No.2 of 2021 on the file of the Family Court, Karur, is hereby withdrawn and transferred to the file of the Family Court, Trichy. The learned Judge, Family Court, Karur, is directed to send the records relating to the suit in O.S.No.2 of 2021 to the Family Court, Trichy within a period of ten days

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from the date of receipt of copy of this order and on receipt of the same, the learned Judge, Family Court, Trichy, is directed to take the same on file and dispose of the same within a period of four months from the date of receipt of records from the Family Court, Karur.

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With the above observation and direction, the Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

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09.10.2023

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NCC : Yes/No Index : Yes/No Internet : Yes/No das

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https://www.mhc.tn.gov.in/judis 3/4

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Tr.C.M.P(MD).No.387 of 2023

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K.MURALI SHANKAR, J.

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das

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1.The Judge, Family Court, Karur.

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2.The Judge, Family Court, Trichy.

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3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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Tr.C.M.P (MD).No.387 of 2023 and C.M.P(MD)No.8193 of 2023

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09.10.2023

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

Sampath alias Sampathkumar, v. Manjula alias Sumathy

Case brief

What is this about?

What did the court decide?

Sampath alias Sampathkumar, v. Manjula alias Sumathy

Case brief

What is this about?

What did the court decide?

What the court decided

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