Allowed

H.Lavanya v. S.Anandhababu

Madras HC8 Apr 2024TR CMP/154/2023

Case brief

AI extract

What is this about?

Wife sought transfer of husband's divorce petition from Kallakurichi to Chennai where her restitution petition and maintenance case were pending. Court allowed transfer to avoid conflict of verdicts and relaxed the husband's personal appearance requirements.

What did the court decide?

HMOP.No.36 of 2020 withdrawn from Subordinate Judge, Kallakurichi and transferred to VII Additional Family Court, Chennai; connected CMP closed.

H.Lavanya Vs S.Anandhababu — Matrimonial and Divorce | Madras HC (2024)

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Tr.C.M.P.No.154 of 2023 & C.M.P.No.3491 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.04.2024

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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.154 of 2023 & C.M.P.No.3491 of 2023

H.Lavanya

... Petitioner

-Versus-

S.Anandhababu ... Respondent

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Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw HMOP.No.36 of 2020 on the file of the Subordinate Judge, Kallakurichi, and transfer the same to the VII Additional Family Court, Chennai – 104.

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For Petitioner : Mr.J.Muthukumaran For Respondent : Mr.M.R.Elavarasan

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ORDER

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The petitioner has moved this transfer petition seeking transfer of H.M.O.P.No.36 of 2020 from the file of the learned Subordinate Judge at Kallakurichi to the file of the VII Additional Family Court at Chennai.

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https://www.mhc.tn.gov.in/judis 1 of 5

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Tr.C.M.P.No.154 of 2023 & C.M.P.No.3491 of 2023

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The wife has already initiated an application under Section 9 of the

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Hindu Marriage Act of 1955 in HMOP.No.2635 of 2021 on the file of the VII Additional Family Court, Chennai. Apart from that, a maintenance petition under Section 125 of Cr.P.C. is pending in MC.No.141 of 2022 also on the file of the Family Court in Chennai.

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As there should not be a conflict of verdicts, I feel that if the

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proceedings are transferred from Kallakurichi to Chennai, it will serve the ends of justice. Accordingly, HMOP.No.36 of 2020, pending on the file of the learned Subordinate Judge, Kallakurichi is withdrawn and transferred to the file of the VII Additional Family Court, Chennai to be heard and disposed of along with HMOP.No.2635 of 2021.

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It is made clear that the presence of the husband need not be insisted

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on every hearings. Suffice his presence when his appearance is indispensable. For all other hearings, the party may appear through a counsel.

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With the above directions, this transfer civil miscellaneous petition is

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allowed. No costs. Consequently, connected miscellaneous petition is closed.

08.04.2024

Index : yes / no

https://www.mhc.tn.gov.in/judis 2 of 5

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Tr.C.M.P.No.154 of 2023 & C.M.P.No.3491 of 2023

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Neutral Citation : yes / no Speaking / Non Speaking Order

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1.The Subordinate Judge, Kallakurichi,

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2.The VII Additional Family Court, Chennai – 104.

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https://www.mhc.tn.gov.in/judis 3 of 5

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Tr.C.M.P.No.154 of 2023 & C.M.P.No.3491 of 2023

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V.LAKSHMINARAYANAN, J.

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Tr.C.M.P.No.154 of 2023 & C.M.P.No.3491 of 2023

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https://www.mhc.tn.gov.in/judis 4 of 5

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Tr.C.M.P.No.154 of 2023 & C.M.P.No.3491 of 2023

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08.04.2024

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https://www.mhc.tn.gov.in/judis 5 of 5

H.Lavanya v. S.Anandhababu

Case brief

What is this about?

What did the court decide?

H.Lavanya v. S.Anandhababu

Case brief

What is this about?

What did the court decide?

What the court decided

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