Allowed

Geethanjali v. Arvenkumar

Madras HC3 Jul 2024TR CMP/481/2024

Case brief

AI extract

What is this about?

Estranged wife sought transfer of husband's divorce petition (seeking nullity of marriage) from Principal Sub Court, Chengalpattu to Family Court, Dharmapuri, citing difficulty travelling alone and safety apprehensions. Respondent did not appear. Court allowed the transfer petition and transferred the case to Dharmapuri.

What did the court decide?

H.M.O.P.No.88 of 2023 withdrawn from Principal Sub Court, Chengalpattu and transferred to Family Court, Dharmapuri; no costs; connected CMP closed.

Geethanjali Vs Arvenkumar — Matrimonial and Divorce | Madras HC (2024)

¶1

TR.C.M.P.No.481 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 03.07.2024

¶4

CORAM:

¶5

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

¶6

TR.C.M.P.No.481 of 2024

¶7

and

¶8

C.M.P.No.9978 of 2024

¶9

Geethanjali ... Petitioner Vs.

¶10

Arvenkumar ... Respondent

¶11

PRAYER: Transfer Civil Miscellaneous Petition has been filed under Section 24 of the Code of Civil Procedure, praying to withdraw and transfer the H.M.O.P.No.88 of 2023 on the file of Hon'ble Principal Sub Court, Chengalpattu to the Family Court at Dharmapuri.

¶12

For Petitioner : Mr.K.Selvarangan

¶13

For Respondent : No appearance

¶14

https://www.mhc.tn.gov.in/judis 1/6

¶15

TR.C.M.P.No.481 of 2024

¶16

ORDER

¶17

The petitioner/estranged wife of the respondent has filed this

¶18

transfer civil miscellaneous petition seeking to withdraw and transfer the

¶19

H.M.O.P.No.88 of 2023 from the file of the Principal Sub Court,

¶20

Chengalpattu to the file of the Family Court, Dharmapuri.

¶21

2. The respondent herein is the husband and the petitioner is his

¶22

wife. The case of the petitioner is that the respondent has filed the divorce

¶23

petition in H.M.O.P.No.88 of 2023 on the file of the Principal Sub Court,

¶24

Chengalpattu, seeking nullity of marriage, on the ground that the marriage

¶25

was performed without the respondent's consent, by force and threat. The said marriage was solemnized on 07.06.2023. At that time, the respondent joined as Assistant Manager in a Kone Elevetor India Private Limited, Chennai and the petitioner also working in the same company as a Trainee

¶26

Engineer. The petitioner gave a complaint on 14.12.2022 against the

¶27

https://www.mhc.tn.gov.in/judis 2/6

¶28

TR.C.M.P.No.481 of 2024

¶29

respondent, stating that she was harassed in the work place and a case was registered against the respondent, due to which, they got married. Thereafter,

¶30

the respondent filed the said H.M.O.P.No.88 of 2023, for divorce.

¶31

3. The learned counsel for the petitioner submitted that the

¶32

respondent is a B.E.(Mechanical) graduate and also studied law. Now, the

¶33

respondent is working in a private company at Hosur and there is no

¶34

difficulty for him to attend the Family Court at Dharmapuri. On the other

¶35

hand, the petitioner is residing at Dharmapuri along with her aged and ailing

¶36

father and hence, it would be difficult for her to travel to Dharmapuri to

¶37

Chengalpattu, to attend the proceedings in H.M.O.P.No.88 of 2023. The petitioner is single she cannot travel such long distance without any help and

¶38

aid, further she apprehends safety for her life.

¶39

Despite service of notice on the respondent and his name having

¶40

been printed in the cause list, there is no representation on behalf of him.

¶41

https://www.mhc.tn.gov.in/judis 3/6

¶42

TR.C.M.P.No.481 of 2024

¶43

Considering the submissions made and on perusal of the materials, it is seen that the petitioner is willing for transfer and speedy disposal of H.M.O.P.No.88 of 2023 pending on the file of the Principal Sub Court, Chengalpattu. In view of the same, this Court is inclined to withdraw

¶44

and transfer the case in H.M.O.P.No.88 of 2023 to the Family Court, Dharmapuri.

¶45

Accordingly, this Transfer Civil Miscellaneous Petition is

¶46

allowed and H.M.O.P.No.88 of 2023, pending on the file of the Principal Sub Court, Chengalpattu, shall stand withdrawn and transferred to the file of the Family Court, Dharmapuri. No costs. Consequently, connected miscellaneous petition is closed.

¶47

03.07.2024

¶48

Index : Yes/No Internet : Yes/No Speaking order/Non speaking order Neutral Citation : Yes/No av

¶49

https://www.mhc.tn.gov.in/judis 4/6

¶50

TR.C.M.P.No.481 of 2024

¶51

¶52

1 . The Principal Sub Court, Chengalpattu.

¶53

The Family Court, Dharmapuri.

¶54

https://www.mhc.tn.gov.in/judis 5/6

¶55

TR.C.M.P.No.481 of 2024

¶56

M.NIRMAL KUMAR, J.

¶57

¶58

TR.C.M.P.No.481 of 2024 and C.M.P.No.9978 of 2024

¶59

03.07.2024

¶60

https://www.mhc.tn.gov.in/judis 6/6

Geethanjali v. Arvenkumar

Case brief

What is this about?

What did the court decide?

Geethanjali v. Arvenkumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P. Senthil Kumar Vs R. Vidhya

Syed Jaffar(Died), S.J.Syed Rashed Vs H.Ruhit Basha

P.Navin Kumar Vs D.Sudha

M.Sukumaran Vs O.Nandhini

Roselin Vs Joshua

Rajeswari Vs Siva