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Saranya, Vs S. Vinothkumar — Matrimonial and Divorce | Madras HC (2024)

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Saranya, Vs S. VinothkumarSaranya, v. S. Vinothkumar

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Saranya, v. S. Vinothkumar

Madras HC20 Feb 2024TR CMP/466/2022

Case brief

from the order text

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IN THE HIGH COURT OF JUDICATURE AT MADRAS…

What the court decided

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Outcome

A

Tr.C.M.P.No.466 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2024

C O R A M

THE HONOURABLE MRS.JUSTICE J.NISHA BANU

Tr.C.M.P.No.466 of 2022

Saranya

...Petitioner

Vs

S.Vinothkumar ... Respondent

Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw the H.M.O.P.No.17/2022 pending on the file of the Principal Sub Court, Thittakudi to be transferred the same to the Family Court, Ariyalur.

O R D E R

The Transfer Civil Miscellaneous Petition is filed to withdraw

Cases cited

Colour shows how this judgement treated each authority

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Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar GuptaRelied on¶6
2008 (9) SCC 353 · Who else cites this
Sumita Singh Vs. Kumar Sanjay and anotherRelied on¶6

Parties & counsel

AI extract

petitioner
Saranya
respondent
S.Vinothkumar

Coram

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J.Nisha Banu

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 20 Feb 2024 · February
Registered: 5 May 2022
Case no.: TR CMP/466/2022

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Cite this judgement

Saranya, v. S. Vinothkumar, TR CMP/466/2022 (MAD), decided on 20 February 2024.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited2

Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar GuptaRelied on¶6
Sumita Singh Vs. Kumar Sanjay and anotherRelied on¶6

Open Authorities

Allowed

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

H.M.O.P.No.17 of 2022 from the file of the Principal Subordinate Court, Thitakudi and transfer the same to the file of the Family Court, Ariyalur.

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Tr.C.M.P.No.466 of 2022

2.The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 11.11.2016 as per Hindu rites and customs at Rathina Mahal, South Rathaveethi, Pennadam. In the wed lock, one female child viz., Janani was born and she was aged about 4 years. The respondent has started demanding huge dowry by ill-treating the petitioner and was not taking care of her. Due to difference of opinion between them, the respondent left the company of the petitioner and residing with his parents. The respondent filed H.M.O.P.No.17 of 2022 on the file of the Principal Subordinate Court, Thitakudi, to declare the marriage as null and void .

3.According to the petitioner, the distance between Ariyalur and Thitakudi is more than 90 kilometers and hence, it is very difficult for her to go to Thitakudi to attend the proceedings in H.M.O.P.No.17 of 2022 along with her minor daughter who is aged about 4 years. In the H.M.O.P pending before the Principal Subordinate Court, Thitakudi, the presence of spouse is mandatory for each and every hearing. In the said circumstances, the

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Tr.C.M.P.No.466 of 2022

petitioner has come out with the present Tr.C.M.P. to transfer H.M.O.P.No.17 of 2022 from the file of the Principal Subordinate Court, Thitakudi, to the file of the Family Court, Ariyalur.

4.Heard the learned counsel for the petitioner and perused the materials available on record. Though notice was served on the respondent and his name was printed in the cause list, there is no representation on behalf of the respondent either in person or through counsel.

5.The contention of the learned counsel for the petitioner that the petitioner finds it difficult to travel nearly 90 kilometers from Thitakudi to Ariyalur to attend the case in H.M.O.P.No.17 of 2022, which will affect the health of her minor daughter, has considerable force.

Taking into consideration that convenience of the wife shall be given preference, as held by the Hon'ble Supreme Court in the Judgments reported in 2008 (9) SCC 353 [Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar Gupta] and AIR 2002 SC 396 [Sumita Singh Vs.

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Tr.C.M.P.No.466 of 2022

Kumar Sanjay and another] and H.M.O.P.No.17 of 2022 is ordered to be

J.NISHA BANU,J.

sk

withdrawn from the file of the Principal Subordinate Court, Thitakudi and transferred to the file of the Family Court, Ariyalur. The learned Judge, Principal Subordinate Court, Thitakudi, is directed to transmit all the records pertaining to H.M.O.P.No.17 of 2022 to the file of the Family Court, Ariyalur, within a period of two weeks from the date of receipt of a copy of this order.

Accordingly, the Transfer Civil Miscellaneous Petition is ordered. No costs.

20.02.2024

sk To 1.Principal Sub Court, Thittakudi.

2.The Family Court, Ariyalur.

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Tr.C.M.P.No.466 of 2022

Tr.C.M.P.No.466 of 2022

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AIR 2002 SC 396 · Who else cites this

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure24

CNR

HCMA010588752022

Topic

Matrimonial and Divorce

Bench

Disposal

ALLOWED

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20 Feb 2024

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20 Feb 2024

Statutes1

Code of Civil Procedure24

View all statutes

Bench / Coram

J.Nisha Banu

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