Allowed

S.Nandhini v. Naveen Aravind

Madras HC7 Dec 2023TR CMP(MD)/518/2023

Case brief

AI extract

What is this about?

A transfer petition to move a divorce case from Family Court, Tirunelveli to Principal Family Court, Chennai was allowed. The court noted the petitioner resided in Chennai and had a pending maintenance case there, making travel difficult. The transfer was directed to the 1st Additional Family Court, Chennai.

What did the court decide?

Transfer of H.M.O.P.No.223 of 2023 from Family Court, Tirunelveli to 1st Additional Family Court, Chennai directed within 15 days.

S.Nandhini Vs Naveen Aravind — Matrimonial and Divorce | Madras HC (2023)

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Tr.C.M.P.(MD)No.518 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 07.12.2023

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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Tr.C.M.P.(MD)No.518 of 2023 and C.M.P.(MD)No.11496 of 2023

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S.Nandhini

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... Petitioner/ Respondent

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Vs.

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Naveen Aravind ... Respondent/ Petitioner

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Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to transfer the petition in H.M.O.P.No.223 of 2023 on the file of Family Court, Tirunelveli to the Principal Family Court, Chennai.

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For Petitioner : Mr.S.Ilavarasan

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For Respondent : No appearance

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ORDER

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The Transfer Civil Miscellaneous Petition is filed to withdraw the

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case on the file of the Family Court, Tirunelveli, in H.M.O.P.No.223 of 2023 and transfer the same to the Principal Family Court, Chennai.

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Tr.C.M.P.(MD)No.518 of 2023

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It is seen from the records that there was no representation for the respondent for the past two hearings and even today, there is no representation for the respondent.

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Heard the learned counsel appearing for the petitioner.

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It is seen from the records that the marriage between the petitioner and the respondent was solemnized on 20.01.2022 and they were blessed with a child.

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The learned counsel appearing for the petitioner would submit that the respondent has filed the petition in H.M.O.P.No.223 of 2023 seeking divorce and the same is pending on the file of the Family Court, Tirunelveli, that the petitioner has filed maintenance case in M.C.No.454 of 2019 against the respondent and the same is pending on the file of the 1^st Additional Family Court, Chennai and that since the petitioner is residing in Chennai, she finds it difficult to travel all along from Chennai to Tirunelveli.

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Considering the facts and circumstances of the case and also taking note of the submission made by the learned counsel appearing for

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Tr.C.M.P.(MD)No.518 of 2023

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the petitioner and also the fact that the petitioner is residing at Chennai and the maintenance case filed by the petitioner is pending on the file of the 1^st Additional Family Court, Chennai, this Court is inclined to transfer the case in H.M.O.P.No.223 of 2023 from the file of the Family Court, Tirunelveli, to the file of the 1^st Additional Family Court, Chennai

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Accordingly, the learned Judge of Family Court, Tirunelveli, is

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hereby directed to transmit the entire records in H.M.O.P.No.223 of 2023 to the file of the 1^st Additional Family Court, Chennai, within a period of 15 days from the date of receipt of a copy of this order and on receiving the case bundle, the learned Judge of 1^st Additional Family Court, Chennai, is directed to take the petition on file and then to proceed in accordance with law.

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In the result, the Transfer Civil Miscellaneous Petition is allowed.

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Consequently, connected Miscellaneous Petition is closed. No costs.

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07.12.2023

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NCC :yes/No Index :yes/No Internet:yes/No csm

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Tr.C.M.P.(MD)No.518 of 2023

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K.MURALI SHANKAR,J.

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csm

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The Family Court, Tirunelveli.

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The 1^st Additional Family Court, Chennai.

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

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Order made in Tr.C.M.P.(MD)No.518 of 2023 and C.M.P.(MD)No.11496 of 2023

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Dated : 07.12.2023

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S.Nandhini v. Naveen Aravind

Case brief

What is this about?

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S.Nandhini v. Naveen Aravind

Case brief

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