Allowed

R.Priscilla @ Indhu v. v.David @ Indirajith

Madras HC16 Apr 2024TR CMP/213/2023

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's divorce original from Additional Family Court, Coimbatore to Family Court, Chennai, citing her employment and residence in Chennai. Allowing the transfer petition, the court ordered the case transferred and clubbed with a related maintenance case, dispensing with the husband's presence except at essential hearings.

What did the court decide?

D.O.P.No.1138 of 2021 withdrawn from Additional Family Court, Coimbatore and transferred to Family Court, Chennai; to be clubbed with M.C.No.66 of 2022; husband's presence dispensed with except essent

R.Priscilla @ Indhu Vs v.David @ Indirajith — Matrimonial and Divorce | Madras HC (2024)

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Tr.CMP.No.213 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.04.2024

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CORAM

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THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

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Tr.CMP.No.213 of 2023 and C.M.P.No.4622 of 2023

R.Priscilla @ Indhu

.. Petitioner

Vs.

V.David @ Indirajith

.. Respondent

Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in D.O.P.No.1138 of 2021 before the Additional Family Court at Coimbatore and transfer the same to the file of the Family Court at Chennai.

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For Petitioner : M/s.D.Bharathy

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For Respondent : Mr.V.Murugesan

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ORDER

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The petitioner is the wife and the respondent is the husband.

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The husband has initiated the proceedings in D.O.P.No.1138 of

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Page No 1 of 4

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

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Tr.CMP.No.213 of 2023

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2021 before the Additional Family Court at Coimbatore.

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The petitioner/wife is a dentist and has secured her employment at Chennai in a hospital. She would state that she is unable to travel from Chennai to Coimbatore for every hearing. Hence, this transfer petition.

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In order to substantiate the fact that the petitioner is residing at Chennai, she has produced a lease deed, dated 16.01.2023, as well as a certificate from “Annai Family Health Centre” situated at No.17, Kannadapalayam Main Road, Avadi, Chennai – 62. The certificate states that the petitioner, being aged about 25 years, has joined the hospital on probationary basis for a period of one year.

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Considering the difficulties expressed by the petitioner/wife for traveling, I am inclined to allow this transfer petition. Hence, the proceedings in D.O.P.No.1138 of 2021 which is now pending on the file of the Additional Family Court at Coimbatore is withdrawn and it shall stand transferred to the file of the Family Court at Chennai. The learned Family Judge shall club the proceedings in D.O.P.No.1138 of 2021 along with the

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Page No 2 of 4

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

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Tr.CMP.No.213 of 2023

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proceedings in M.C.No.66 of 2022 and render a common judgment.

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Since the husband would find it difficult to travel from Coimbatore

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to Chennai for all the hearings, his presence is hereby dispensed with for all the hearings other than essential hearings. Accordingly, he shall appear before the Court only for the essential hearings. For all other hearings, he may be represented through a counsel.

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Accordingly, the Transfer Civil Miscellaneous Petition stands

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allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

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16.04.2024 (2/3)

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mkn2

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Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No

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Page No 3 of 4 https://www.mhc.tn.gov.in/judis

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Tr.CMP.No.213 of 2023

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V. LAKSHMINARAYANAN, J.

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mkn2

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1.The Additional Family Court, Coimbatore

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2.The Family Court, Chennai

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Tr.CMP.No.213 of 2023 and C.M.P.No.4622 of 2023

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16.04.2024

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(2/3)

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Page No 4 of 4 https://www.mhc.tn.gov.in/judis

R.Priscilla @ Indhu v. v.David @ Indirajith

Case brief

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R.Priscilla @ Indhu v. v.David @ Indirajith

Case brief

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