Allowed

G. Barathi v. R. Kumar

Madras HC20 Dec 2024TR CMP/482/2024

Case brief

AI extract

What is this about?

The court allowed a transfer petition to withdraw a maintenance proceeding from the Principal Subordinate Judge, Hosur, and transfer it to the Family Court at Thanjavur. This was done for the convenience of the wife and to hear it alongside a pending custody matter in the same court, citing the considerable distance between the two locations.

What did the court decide?

HMOP No.241 of 2022 withdrawn from Hosur and transferred to Family Court, Thanjavur for hearing along with M.C.No.34 of 2023. No costs.

G. Barathi Vs R. Kumar — Child Custody and Guardianship | Madras HC (2024)

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TR CMP NO. 482 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20-12-2024

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CORAM

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THE HONOURABLE MR JUSTICE V. LAKSHMINARAYANAN

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TR CMP NO. 482 of 2024 AND CMP NO. 9979 OF 2024

G.Barathi

... Petitioner

R.Kumar ... Respondent

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Prayer : Transfer CMP under Section 24 of CPC to withdraw HMOP No.241 of 2022 on the file of the Principal Subordinate Judge, Hosur and transfer the same to Family Court at Thanjavur to be tried along with M.C.No.34 of 2023.

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For Petitioner : Mr.K.Jayaraman For Respondent : Notice served, no appearance

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ORDER

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The Transfer Petition is at the instance of the wife. She married the respondent on 26.02.2012. From the wedlock a child was born, who is now aged about 12 years. He is said to be in the custody of the respondent / father. The respondent has initiated HMOP No.241 of 2022 on the file of the Principal Subordinate Judge at Hosur. The wife has in turn initiated M.C.No.34 of 2023 on the file of the Family Court at Thanjavur. As the distance between Thanjavur to Hosur is nearly about 400 Kms, she has moved this Transfer Petition.

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The matter was referred to mediation. It failed. Hence, the petition is back

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again before this Court.

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

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TR CMP NO. 482 of 2024

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V. LAKSHMINARAYANAN, J.

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KST

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Taking into consideration the convenience of the wife and the considerable distance separating Thanjavur and Hosur, HMOP No.241 of 2022 on the file of the Principal Subordinate Court at Hosur is withdrawn and transferred to the file of the Family Court at Thanjavur to be heard and disposed of along with MC No.34 of 2023. The learned Judge, Family Court at Thanjavur is requested not to insist the appearance of the husband on every hearing. The husband shall appear for all essential hearings where his presence is indispensable. For the other hearings including procedural matters, he will be represented through a counsel.

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With the above directions, this Transfer CMP is allowed. No costs. Consequently, connected miscellaneous petition is closed.

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20-12-2024

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Index : Yes/No NCS : Yes/No KST

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1.The Subordinate Court, Hosur.

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2.The Family Court, Thanjavur.

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Tr.CMP No.482 of 2024

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

G. Barathi v. R. Kumar

Case brief

What is this about?

What did the court decide?

G. Barathi v. R. Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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