Partly allowed

Anandhababu v. Dhivya

Madras HC25 Apr 2024TR CMP/280/2024

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's transfer petition. Considering residential proximity and the risk of conflicting judgments, the Court transferred the restitution of conjugal rights case from Salem to Rasipuram to be heard with the divorce petition.

What did the court decide?

The transfer petition was allowed; H.M.O.P.No.63 of 2023 was transferred from Rasipuram to Salem to be heard with H.M.O.P.No.56 of 2023.

Anandhababu Vs Dhivya — Matrimonial and Divorce | Madras HC (2024)

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Tr.C.M.P.No.280 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.04.2024

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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.280 of 2024 and C.M.P.No.5790 of 2024

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Anandhababu ... Petitioner

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Dhivya ... Respondent

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Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the case in H.M.O.P.No.56 of 2023 which is pending on the file of the Subordinate Court, Salem and transfer the same to the Subordinate Court, Rasipuram, Namakkal District.

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For Petitioner : Mr.M.Karthik

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For Respondent : Mr.S.Kousik

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O R D E R

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This petition seeks to withdraw H.M.O.P.No.56 of 2023 on the file

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of the Subordinate Court at Salem and to transfer it to the file of the

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Subordinate Court at Rasipuram.

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

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husband has initiated H.M.O.P.No.63 of 2023 for divorce before the Subordinate Court at Rasipuram. The wife has initiated H.M.O.P.No.56

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

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Tr.C.M.P.No.280 of 2024

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of 2023 for restitution of conjugal rights and that is pending before the Subordinate Court at Salem.

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The husband states that he is residing at Rasipuram. He submits

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that if the case in H.M.O.P.No.56 of 2023 pending on the file of Sub Court, Salem is transferred to the file of the Sub Court at Rasipuram, there is a possibility that the proceedings will be jointly disposed of expeditiously. Per contra, learned counsel appearing for the respondent submits that Salem Town is closer to the wife than Rasipuram and therefore, the respondent/wife would want the proceedings to be retained at Salem itself.

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There is no dispute on the relationship between the parties. One

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seeks restitution of conjugal rights and the other seeks divorce. Since there is a distinct possibility of conflicting judgments in the proceedings, it is better that both the proceedings are heard by one learned Judge.

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Taking into consideration that Salem is closer to Valapadi where

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the respondent/wife is residing, I am inclined to withdraw

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H.M.O.P.No.63 of 2023 pending on the file of the Sub Court at

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

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Tr.C.M.P.No.280 of 2024

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Rasipuram and transferred the same to the file of the Sub Court at Salem

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to be heard and disposed of along with H.M.O.P.No.56 of 2023.

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Accordingly, the Tr.C.M.P. stands allowed. No costs.

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Consequently, connected miscellaneous petition is closed.

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25.04.2024

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Index : Yes/No

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Neutral Citation : Yes/No

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Sgl

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1.The Subordinate Court, Salem.

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2.The Subordinate Court, Rasipuram, Namakkal District.

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

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Tr.C.M.P.No.280 of 2024

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V. LAKSHMINARAYANAN, J.

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Sgl

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Tr.C.M.P.No.280 of 2024

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25.04.2024

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

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Anandhababu v. Dhivya

Case brief

What is this about?

What did the court decide?

Anandhababu v. Dhivya

Case brief

What is this about?

What did the court decide?

What the court decided

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