Allowed

C. Nandhini v. D. David

Madras HC18 Oct 2024TR CMP/201/2024

Case brief

AI extract

What is this about?

Wife sought transfer of maintenance proceedings from Kancheepuram to Family Court, Thiruvallur, citing two young children. Respondent raised no objection. Court withdrew the proceedings to the Thiruvallur Family Court and permitted the husband to appear through counsel except when his presence is essential.

What did the court decide?

Proceedings in S.M.O.P.No.108 of 2023 withdrawn from District and Sessions Judge-II, Kancheepuram and transferred to the Family Court, Thiruvallur; husband exempted from routine personal appearance; n

C. Nandhini Vs D. David — Matrimonial and Divorce | Madras HC (2024)

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Tr.C.M.P.No.201 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.10.2024

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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.201 of 2024

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and C.M.P.Nos.3884 and 14987 of 2024

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C.Nandhini .. Petitioner

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Versus

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D.David .. Respondent

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Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw the proceedings in S.M.O.P.No.108 of 2023 on the file of the learned District and Sessions Judge-II at Kancheepuram and transfer to the Family Court at Thiruvallur.

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For Petitioner : Mr.V.S.Sivanu Pandian

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For Respondent : Ms.L.Karthiga

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ORDER

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This Transfer Civil Miscellaneous Petition is at the instance of the

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wife seeking for withdrawal of S.M.O.P.No.108 of 2023 from the file of the District and Sessions Court No.II, Kancheepuram to the file of the Family

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Court, Thiruvallur.

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

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Tr.C.M.P.No.201 of 2024

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Notice was ordered in the application on 27.02.2024 and Ms.L.Karthiga, learned Counsel has entered appearance for the respondent/husband.

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Ms.L.Karthiga represents that the respondent/husband has no objection for the proceedings to be withdrawn from Kancheepuram to Thiruvallur.

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Apart from this no objection, I noticed that the petitioner gave birth to two children in the years 2019 and 2021. Therefore, it will be difficult for her to leave behind the toddlers and travel to Kancheepuram for the purpose of attending to the case. Accordingly, the proceeding in S.M.O.P.No.108 of 2023, pending on the file of the District and Sessions Judge-II, Kancheepuram, is withdrawn and transferred to the file of the learned Family Judge, Thiruvallur.

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Considering the request made by the learned Counsel for the

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respondent/husband, who tendered no objection for transfer, he need not to appear for every hearing before the Family Court, Thiruvallur. He shall be

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

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Tr.C.M.P.No.201 of 2024

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represented by a Counsel on all hearing dates. On hearing dates in which his presence is essential, he shall present himself.

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With the above directions regarding appearance of the

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respondent/husband, this Transfer Civil Miscellaneous Petition is allowed.

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No costs. Consequently, connected miscellaneous petitions are closed.

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18.10.2024

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Index : yes/no Speaking order/Non-speaking order Neutral Citation : yes/no grs

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The District and Sessions Court-II, Kancheepuram.

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The Family Court, Thiruvallur.

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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.201 of 2024

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V.LAKSHMINARAYANAN, J.

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grs

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Tr.C.M.P.No.201 of 2024 and C.M.P.Nos.3884 and 14987 of 2024

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18.10.2024

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

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C. Nandhini v. D. David

Case brief

What is this about?

What did the court decide?

C. Nandhini v. D. David

Case brief

What is this about?

What did the court decide?

What the court decided

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