Allowed

M.Sivashankar v. G.Abhirami

Madras HC17 Apr 2024TR CMP/95/2024

Case brief

AI extract

What is this about?

Husband sought transfer of two matrimonial original petitions from Family Court, Tiruppur after a dispute between his counsel and the Presiding Officer during trial. Considering the Judge's report and her disinclination to continue, the Madras High Court transferred both petitions from the Family Court to the Principal Subordinate Judge, Tiruppur, with directions for priority disposal.

What did the court decide?

H.M.O.P.Nos.754 and 755 of 2020 withdrawn from Family Court, Tiruppur and transferred to Principal Subordinate Judge, Tiruppur with priority; no costs.

M.Sivashankar Vs G.Abhirami — Matrimonial and Divorce | Madras HC (2024)

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Tr.C.M.P.Nos.95 and 99 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.Nos.95 and 99 of 2024 and C.M.P.No.2257 and 2304 of 2024

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M.Sivashankar ... Petitioner in both cases

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G.Abhirami ... Respondents in both cases

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Prayer : Petitions filed under Section 24 of the Code of Civil Procedure praying to withdraw the H.M.O.P.Nos.755 and 754 of 2020 on the file of the learned Family Court, Tiruppur and to transfer the same to any one of the learned Family Courts at Coimbatore.

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For Petitioner : Mr.N.Manoharan

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For Respondents : Mr.Ma.P.Thangavel

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COMMON ORDER

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The proceedings are at an advance stage of disposal. The examination of the petitioner side has been completed. It was posted for the examination of the respondent. Three witnesses on the side of the respondent have been examined and the 4^th witness was in the witness box. He had given his examination in chief and at that time, he received an intimation that his father is seriously ill and has been admitted in the hospital.

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

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Tr.C.M.P.Nos.95 and 99 of 2024

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Learned counsel for the transfer petitioner, who is also the petitioner in the divorce proceeding, insisted upon the Court not to adjourn the matter and to permit him cross examine R.W.4.

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The learned Judge, taking into consideration the reasonable request made by the 4^th respondent, was inclined to adjourn the matter. This resulted in an avoidable skirmish between the learned counsel and the Presiding Officer. The Presiding Officer, hence, stopped the proceedings and permitted the parties to take appropriate steps.

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When the matter came up before this Court on 14.02.2024,

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remarks were called for from the learned Family Judge at Tiruppur. The Family Judge has sent a report which is convincing.

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However, taking into consideration the fact that the petitioner before the Trial Court instead of litigating with his wife has commenced a litigation with the learned Presiding Officer, I am of the view that in order to render complete justice, and taking into consideration the report submitted by the learned Presiding Officer dated 07.03.2024, it will be

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

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Tr.C.M.P.Nos.95 and 99 of 2024

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better if the proceedings are heard by a different officer. This order does not cast any aspersions on the integrity or the manner in which the learned Presiding Officer has carried on with the trial of H.M.O.P.Nos.754 and 755 of 2020. The transfer is being ordered as the learned Presiding Officer herself has expressed disinclination to continue further in the matter.

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Accordingly, H.M.O.P.Nos.754 and 755 of 2020 are withdrawn

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from the file of the Family Court at Tiruppur and are transferred to the file of the Principal Subordinate Judge at Tiruppur. The learned Principal Subordinate Judge is requested to give priority to the matter and dispose of the same as the matrimonial dispute is pending for nearly a decade. Both sides are agreeable to the present course of action.

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Accordingly, both the Tr.C.M.Ps. are allowed. No costs.

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Consequently, connected miscellaneous petitions are closed.

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17.04.2024

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Index : Yes/No

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Speaking Order : Yes/No Neutral Citation : Yes/No Sgl

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

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Tr.C.M.P.Nos.95 and 99 of 2024

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V. LAKSHMINARAYANAN, J.

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Sgl

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1.The Family Court, Tiruppur.

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2.The Principal Subordinate Court, Tiruppur.

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Tr.C.M.P.Nos.95 and 99 of 2024

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17.04.2024

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

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M.Sivashankar v. G.Abhirami

Case brief

What is this about?

What did the court decide?

M.Sivashankar v. G.Abhirami

Case brief

What is this about?

What did the court decide?

What the court decided

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