Allowed

Abi @ Mahalakshmi v. Selvaganesh

Madras HC5 Apr 2024TR CMP/210/2023

Case brief

AI extract

What is this about?

The Court allowed a transfer application under Section 24 CPC, directing the husband's divorce petition filed at Neyveli to be withdrawn and transferred to the file of the Subordinate Judge at Mettur to be tried along with the wife's restitution of conjugal rights petition.

What did the court decide?

Transfer of Original Petition No.137 of 2022 from Subordinate Judge, Neyveli to Subordinate Judge, Mettur.

Abi @ Mahalakshmi Vs Selvaganesh — Matrimonial and Divorce | Madras HC (2024)

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Tr.C.M.P.No.210 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.04.2024

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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.210 of 2023 and C.M.P.No.4592 of 2023

Abi @ Mahalakshmi

... Petitioner

Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw and transfer O.P.No.137 of 2022 from the file of the Subordinate Judge's Court at Neyveli and transfer the same to the file of the Subordinate Judge's Court at Mettur to be tried along with the Original Petition H.M.O.P.No.28 of 2023.

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For Petitioner : Mr.M.S.Gokul Raj For Respondent : Mr.G.Gubendiran

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O R D E R

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The petitioner before me is the wife. She got married to the respondent on 02.12.2019. Soon thereafter, due to the alleged habits of the respondent, she

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had to separate from him. The husband filed an application seeking for divorce

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

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Tr.C.M.P.No.210 of 2023

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before the Sub Court at Neyveli in H.M.O.P.No.137 of 2022. Being desirous to continue her relationship, she filed an application for restitution of conjugal rights before the Subordinate Judge at Mettur in H.M.O.P.No.28 of 2023. The petitioner has no male assistance as her father had passed away when she was at the age of 14. She is currently living with her mother who is about 65 years old.

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Considering the overall circumstances to expect the hapless lady to

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travel from Neyveli to Mettur to attend the hearing of proceedings initiated by the husband would cause hardship. Therefore, I am inclined to withdraw H.M.O.P.No.137 of 2022 pending on the file of the Subordinate Judge at Neyveli and transfer the same to be heard along with H.M.O.P.No.28 of 2023 filed by her before the Subordinate Judge at Mettur.

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In fine, the Tr.C.M.P. stands allowed. No costs. Consequently,

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connected miscellaneous petition is closed.

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05.04.2024

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Index : Yes/No Neutral Citation : Yes/No

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Tr.C.M.P.No.210 of 2023

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Sgl

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1.The Subordinate Court, Neyveli.

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2.The Subordinate Court, Mettur.

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

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Tr.C.M.P.No.210 of 2023

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V. LAKSHMINARAYANAN, J.

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Sgl

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Tr.C.M.P.No.210 of 2023

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05.04.2024

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

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Abi @ Mahalakshmi v. Selvaganesh

Case brief

What is this about?

What did the court decide?

Abi @ Mahalakshmi v. Selvaganesh

Case brief

What is this about?

What did the court decide?

What the court decided

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