Allowed

A.S. Rekha v. T. Praddeep

Madras HC22 Apr 2024TR CMP/140/2024

Case brief

AI extract

What is this about?

The wife sought withdrawal and transfer of divorce proceedings from the Family Court, Karur to the Sub-Court, Tiruchengode, citing convenience. The court allowed the transfer, noting the husband could engage counsel, whereas the wife would face travel difficulties, especially with a young child. The original petition was withdrawn and the matter transferred.

What did the court decide?

Transfer of H.M.O.P.No.649 of 2023 from Family Court, Karur to Additional Sub-Court, Tiruchengode; original petition withdrawn.

A.S. Rekha Vs T. Praddeep — Civil Procedure and Limitation | Madras HC (2024)

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Tr.C.M.P.No.140 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.04.2024

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CORAM

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THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN

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Tr.C.M.P.No.140 of 2024 and C.M.P.No.2838 of 2024

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Mrs.A.S.Rekha ... Petitioner

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Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the Original Petition in H.M.O.P.No.649 of 2023 pending on the file of Family Court, Karur and transfer the same to the Sub-Court, Thiruchengode.

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For Petitioner : Mr.C.Ramaraj

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For Respondent : Ms.R.A.Monalisha

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O R D E R

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The wife is the petitioner. She got married to the respondent herein

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on 10.06.2020. The marriage had taken place in Namakkal. From the wedlock, a child was born on 24.04.2021.

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

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Tr.C.M.P.No.140 of 2024

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The husband has initiated H.M.O.P.No.649 of 2023 for

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dissolution of marriage. He has presented it before the Family Court at Karur. Mr.C.Ramaraj submits that it will be difficult for the wife to travel from Pallipalayam to Karur for every hearing.

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The husband is permanently employed in Pasupathipalayam in Karur. Therefore, Ms.Monalisha would submit that it will be difficult for him to travel to Tiruchengode for every hearing.

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I am of the view that if the proceedings are pending before the Family Court, Karur the wife will have to travel for every hearing to Karur. However, if the matter stands transferred to the file of Sub-Court, Tiruchengode, the husband can always appear by engaging the services of a lawyer. Therefore, taking overall circumstances into consideration, more importantly considering the fact that the child is less than three years old, I am inclined to transfer the proceedings from the file of Family Court, Karur to the file of Additional Sub-Court at Tiruchengode.

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In fine, this Tr.C.M.P stands allowed and the proceedings in

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H.M.O.P.No.649 of 2023 is withdrawn from the file of Family Court at

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

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Tr.C.M.P.No.140 of 2024

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Karur and is transferred to the file of the Additional Sub-Court at Tiruchengode for disposal. No costs. Consequently, connected miscellaneous petition is closed.

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22.04.2024

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Index : Yes/No

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Neutral Citation : Yes/No

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gpa

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The Family Court Karur

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The Additional Sub-Court Thiruchengode.

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

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3/4

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Tr.C.M.P.No.140 of 2024

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V. LAKSHMINARAYANAN, J.

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gpa

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Tr.C.M.P.No.140 of 2024

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22.04.2024

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

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A.S. Rekha v. T. Praddeep

Case brief

What is this about?

What did the court decide?

A.S. Rekha v. T. Praddeep

Case brief

What is this about?

What did the court decide?

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