Wife sought transfer of her husband's divorce petition from Alandur to Udumalpet, citing distance and hardship. The court found no evidence she resided in Chennai, allowed the transfer, directed priority disposal of the over five-year-old matrimonial proceedings, and closed the connected miscellaneous petition.
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Tr.C.M.P.No.460 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2024
CORAM:
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
Tr.C.M.P.No.460 of 2023 and C.M.P.No.10414 of 2023
Arunapriyanka
... Petitioner
vs
G.Nandhakumar ... Respondent
Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.908 of 2021 pending on the file of the learned Subordinate Court, Alandur at Kanchipuram District and transfer the same to the learned Subordinate Court, Udumalpet at Tiruppur District.
For Petitioner : Mr.M.N.Balakrishnan
For Respondent : Mr.A.Sundaravadanam
ORDER
The petitioner is the wife. She seeks for transfer of the proceedings in
H.M.O.P. No.908 of 2021 from the file of the Subordinate Court at Alandur to
the file of the Subordinate Court at Udumalpet.
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Mr.A.Sundaravadanam.
of Chennai and has suppressed the fact that previously a transfer petition was filed by the petitioner in Tr.C.M.P.No.76 of 2021 before this Court and the same was dismissed as withdrawn. He would state that the entire idea of moving the present transfer is to drag on the original proceedings, which today is at the stage of trial. He would plead to dismiss the transfer petition on the grounds of suppression, concealment and also for the petitioner having
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approached the Court with unclean hands.
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costs. Consequently, the connected civil miscellaneous petition is closed.
10.07.2024
Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No dm
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To
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V.LAKSHMINARAYANAN, J.
dm
Tr.C.M.P.No.460 of 2023
10.07.2024
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1 issue framed by the court
Should H.M.O.P.No.908 of 2021 be transferred from Alandur to Udumalpet on the wife's plea of hardship in travelling about 500 kms despite an earlier withdrawn transfer petition?
1 provisions across 1 enactments
Arunapriyanka
G.Nandhakumar
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
