Allowed

Elakkiaselvi v. Jayaprakash

Madras HC16 Feb 2024TR CMP(MD)/41/2024

Case brief

AI extract

What is this about?

The petitioner, employed at TANGEDCO, avoided attending matrimonial proceedings in Thuraiyur due to physical torture by the respondent. The court transferred the habitual marriage cancellation petition to Manapparai for her convenience, allowing the transfer application and closing the connected petition.

What did the court decide?

Withdrawal and transfer of H.M.O.P.No. 62 of 2023 from Subordinate Court, Thuraiyur to Subordinate Court, Manapparai; consequential closure of connected miscellaneous petition.

Elakkiaselvi Vs Jayaprakash — Matrimonial and Divorce | Madras HC (2024)

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Tr.C.M.P.(MD).No.41 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.02.2024

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CORAM

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THE HON'BLE MR.JUSTICE G.ILANGOVAN

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Tr.C.M.P.(MD).No.41 of 2024 and C.M.P.(MD).No.479 of 2024

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Elakkiaselvi ... Petitioner/Respondent

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Vs.

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Jayaprakash ... Respondent/Petitioner

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PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24

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of Civil Procedure Code, to withdraw H.M.O.P.No. 62 of 2023 on the file of the Subordinate Court, Thuraiyur and transfer the same to the Sub

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Court, Manapparai.

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For Petitioner : Mr.B.Prasanna Vinoth

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For Respondent : No Appearance

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ORDER

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This petition has been filed to withdraw H.M.O.P.No. 62 of 2023

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on the file of the Subordinate Court, Thuraiyur and transfer the same to the Sub Court, Manapparai.

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1/41/4

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

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Tr.C.M.P.(MD).No.41 of 2024

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2.The facts in brief:

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The marriage was solemnized between the parties on 28.08.2020. But, after their marriage, the respondent used to give continuous torture and physical assault upon the petitioner. Hence, she gave a complaint under Domestic Violence Act against the respondent. In the meantime, the respondent filed a petition to cancel their marriage before the Subordinate Judge, Thuraiyur in H.M.O.P.No.62 of 2023. Since the petitioner working in TANGEDCO, she is unable to attend the above said proceedings. Hence, seeking transfer of the above said case, this petition has been filed.

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3.Heard the learned counsel for the petitioner. Even though the respondent was served with notice, none appears on behalf of him. His name was also printed in the cause list.

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4.Considering the facts and circumstances of the case and considering the convenience of the wife, the H.M.O.P.No.62 of 2023 filed by the respondent on the file of the Sub Court, Thuraiyur, is ordered

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2/42/4

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

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Tr.C.M.P.(MD).No.41 of 2024

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to be withdrawn and transferred to the Sub Court, Manapparai.

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5.Accordingly, this transfer civil miscellaneous petition is allowed.

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Consequently, connected miscellaneous petition is closed.

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16.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No TM

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1.The Subordinate Judge, Thuraiyur.

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2.The Subordinate Judge, Manapparai.

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3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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

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3/43/4

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Tr.C.M.P.(MD).No.41 of 2024

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G.ILANGOVAN ,J.

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Tr.C.M.P.(MD).No.41 of 2024

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16.02.2024

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4/44/4

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

Elakkiaselvi v. Jayaprakash

Case brief

What is this about?

What did the court decide?

Elakkiaselvi v. Jayaprakash

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

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