Allowed

M. Anuchandra, v. M. Mathan

Madras HC19 Feb 2024TR CMP(MD)/29/2024

Case brief

AI extract

What is this about?

Petition challenged for transfer of divorce proceedings from Family Court, Pudukottai, to Family Court, Dindigul. Court allowed the petition directing immediate transfer of records due to petitioner's residence and financial dependency.

What did the court decide?

Directed the Judge, Family Court, Pudukottai, to immediately transfer the entire records of H.M.O.P.No.155 of 2023 to the Family Court, Dindigul.

M. Anuchandra, Vs M. Mathan — Civil Procedure and Limitation | Madras HC (2024)

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TR.C.M.P(MD).No.29 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.02.2024

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CORAM :

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THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

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TR.C.M.P(MD)No. 29 of 2024 and C.M.P(MD)No.380 of 2024

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M.Anuchandra ... Petitioner

M.Mathan

... Respondent

Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw and transfer the H.M.O.P.No.155 of 2023 from the on the file of the Family Court, Pudukottai, to any of the competent Court at Dindigul.

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For Petitioner : Mr.N.Marimuthu

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For Respondent : No appearance

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

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TR.C.M.P(MD).No.29 of 2024

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ORDER

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This Transfer Civil Miscellaneous Petition is filed to withdraw and transfer the H.M.O.P.No.155 of 2023 from the on the file of the Family Court, Pudukottai, to any of the competent Court at Dindigul.

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The case of the prosecution is that the marriage between the petitioner and the respondent was solemnized on 14.02.2022 at Pudukkottai. At the time of marriage, the petitioner's parents were presented 50 sovereigns of gold jewels and household articles. According to the petitioner, from the date of marriage, the petitioner was put to harassment by her husband / respondent herein, for want of additional dowry. In the meantime, the petitioner got pregnant. There after, the respondent was not willing to live with the petitioner and some misunderstanding arose between them. The petitioner was sent to her parents' home. Even after delivery of the child, the respondent has not come forward to see the petitioner and their child. Hence, the respondent herein filed H.M.O.P.No.155 of 2023, before the Family Court, Pudukkottai, seeking divorce. Now the petitioner is living with her parents at Dindigul. Since the petitioner is not a earning member, she

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

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TR.C.M.P(MD).No.29 of 2024

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has to take care of her child and since she is a dependant of her parents, she finds it very difficult to attend the Court proceedings at Pudukkottai and to travel from Dindigul to Pudukottai. Hence, this Transfer Civil Miscellaneous Petition came to be filed seeking transfer of the proceedings to the Family Court, Dindigul.

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There is no appearance on behalf of the respondent.

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In view of the submissions, this Transfer Civil Miscellaneous Petition is allowed. There shall be a direction to the learned Judge, Family Court, Pudukottai, to transfer the entire records in the proceedings in H.M.O.P.No.155 of 2023 immediately to the file of the Family Court, Dindigul. After receiving the records, the learned Judge, Family Court, Dindigul may assign new number and issue notice to parties for appearance and dispose the case in accordance with law. Consequently, connected miscellaneous petition is closed. No costs.

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19.02.2024

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NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn

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

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TR.C.M.P(MD).No.29 of 2024

G.ILANGOVAN, J.

pnn

The Judge, Family Court, Pudukottai.

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The Judge, Family Court, Dindigul.

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ORDER IN TR.C.M.P(MD)No.29 of 2024

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19.02.2024

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

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M. Anuchandra, v. M. Mathan

Case brief

What is this about?

What did the court decide?

M. Anuchandra, v. M. Mathan

Case brief

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What did the court decide?

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