Disposed

M.Valliammai @ Revethy v. K.Narayanan

Madras HC17 Apr 2024TR CMP/412/2024

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's divorce petition from Chennai to Sivagangai citing her father's medical treatment in Madurai. The court did not transfer the petition but, by consent, directed expedited cross-examination of the husband in Chennai and excused the wife's presence at hearings except arguments.

What did the court decide?

No transfer granted; by consent, cross-examination of husband fixed from 09.05.2024 to conclude on or before 14.05.2024; wife's presence excused thereafter except at arguments. No costs.

M.Valliammai @ Revethy Vs K.Narayanan — Matrimonial and Divorce | Madras HC (2024)

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Tr.C.M.P.No.412 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.04.2024

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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.412 of 2024 & C.M.P.No.8564 of 2024

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M.Valliammai @ Revathy

... Petitioner

-Versus-

K.Narayanan

... Respondents

Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw O.P.No.1552 of 2018 pending on the file of the IV Additional Family Court, Chennai and transfer the same to the file of the Family Court, Sivagangai, Sivagangai District.

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For Petitioner : Mr.P.C.Kumaraguru For Respondent : Mr.R.Senthil kumar

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ORDER

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This transfer civil miscellaneous petition seeks to transfer

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HMOP.No.1552 of 2018 now pending on the file of the IV Additional Family Court at Chennai to the file of the Family Court at Sivagangai.

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

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1 of 4

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Tr.C.M.P.No.412 of 2024

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When I took up the matter for enquiry, Mr.R.Senthil kumar, representing the husband, brought to my notice that this Court on 19.01.2024 in C.R.P.No.5041 of 2023, had directed the trial court to dispose of the suit as expeditiously as possible. Therefore, if I were to transfer the HMOP out of the Family Court at Chennai to the file of the Family Court at Sivagangai, I feel it might act contrary to the order passed in CRP.No.5041 of 2023.

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At this stage, Mr.P.G.Kumaraguru would represent that the father of the petitioner is undergoing treatment in Madurai, and therefore, she is not in a position to come to Chennai to contest the proceedings on a day-to-day basis.

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Taking that factum into consideration, I feel if a direction is given to the learned IV Additional Family Court at Chennai to commence the examination of the husband, Mr.Narayanan and complete it in two days, it will serve the ends of justice.

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Mr.R.Senthil kumar would state that he has already filed his proof affidavit and the husband is ready for cross-examination. By consent of both parties, the husband will present himself for cross-examination on 09.05.2024 and the cross-examination will commence on that date. Sufficient opportunity

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https://www.mhc.tn.gov.in/judis 2 of 4

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Tr.C.M.P.No.412 of 2024

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may be given to the wife, and the cross-examination may be concluded on or before 14.05.2024. It is made clear that after the cross-examination of DW1 is over, the presence of the petitioner/Valliammai need not be insisted upon for every hearing thereafter. She may present herself at the time of arguments.

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In the light of the above, this transfer civil miscellaneous petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

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17.04.2024

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Index : yes / no Neutral Citation : yes / no Speaking / Non Speaking Order

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1.The IV Additional Family Court, Chennai 2.The Family Judge, Sivagangai District.

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https://www.mhc.tn.gov.in/judis 3 of 4

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Tr.C.M.P.No.412 of 2024

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V.LAKSHMINARAYANAN, J.

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Tr.C.M.P.No.412 of 2024 & C.M.P.No.8564 of 2024

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17.04.2024

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

M.Valliammai @ Revethy v. K.Narayanan

Case brief

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M.Valliammai @ Revethy v. K.Narayanan

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