Allowed

Ramya, v. Mani alias Pithchamani

Madras HC24 Apr 2023TR CMP(MD)/43/2023

Case brief

AI extract

What is this about?

The Madras High Court allowed a transfer petition regarding a matrimonial matter. Due to the petitioner's health and financial constraints preventing travel to Sivagangai, the court ordered the withdrawal of the case file from the Sivagangai Family Court and its transfer to the Dindigul Family Court.

What did the court decide?

Transfer of H.M.O.P.No.360 of 2022 from Family Court, Sivagangai to Family Court, Dindigul. Proceedings to be completed within 12 months.

Ramya, Vs Mani alias Pithchamani — Civil Procedure and Limitation | Madras HC (2023)

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Tr CMP (MD) No. 43 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.04.2023

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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.43 of 2023 and CMP(MD)No.926 of 2023

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Ramya ... Petitioner/Respondent -vsMani alias Pithchamani ... 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 H.M.O.P.No.360 of 2022 on the file of Learned family court, Sivagangai District and transfer the same to the file of Learned family court, Dindigul, Dindigul District.

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For Petitioner : Mr.S.Sarvagan Prabhu For Respondent : No Appearance

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O R D E R

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The present Transfer Civil Miscellaneous Petition is filed to withdraw H.M.O.P.No.360 of 2022 on the file of learned Family Court, Sivagangai, Sivagangai District and transfer the same to the file of learned Family Court, Dindigul, Dindigul District.

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

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Tr CMP (MD) No. 43 of 2023

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2.Despite notice being served through Court and privately on the respondent and the name being printed in the cause list, there is no representation on behalf of the respondent either in person or through counsel.

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3.The petitioner has expressed her difficulties in paragraph 3 of the affidavit filed in support of the present Transfer Civil Miscellaneous Petition which reads as under:-

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“3. I humbly submit that I am not in a position to appear before learned Family Court, Sivagangai, Sivagangai District, due to my health condition and also financially affected even to maintain me and the children. More over I am taking care of my two children also. Therefore I am not in a position to travel to learned Family Court, Sivagangai, Sivagangai District, to attend the hearing regularly.”

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4.Considering the above, H.M.O.P.No.360 of 2022 is directed to be transferred from Family Court, Sivagangai, Sivagangai District to Family Court, Dindigul, Dindigul District. The Family Court, Dindigul, Dindigul District, shall endeavour to complete the proceedings preferably within a period of 12 months from the date of receipt of copy of this order.

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

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Tr CMP (MD) No. 43 of 2023

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5.With the above observation, this Civil Revision Petition is allowed. No

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costs. Consequently, the connected miscellaneous petition is closed.

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24.04.2023

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

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dss

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To:

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1.The Family Court, Sivagangai, Sivagangai District.

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2.The Family Court, Dindigul, Dindigul District.

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

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Tr CMP (MD) No. 43 of 2023

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C.SARAVANAN, J.

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dss

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Order made in Tr.C.M.P.(MD) No.43 of 2023 and CMP(MD)No.926 of 2023

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Dated:

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24.04.2023

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

Ramya, v. Mani alias Pithchamani

Case brief

What is this about?

What did the court decide?

Ramya, v. Mani alias Pithchamani

Case brief

What is this about?

What did the court decide?

What the court decided

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