Allowed

S.Muthukumar v. S.P.Muthumeena

Madras HC25 Mar 2024TR CMP(MD)/46/2024

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court disposed of a transfer petition seeking to move a restitution of conjugal rights case from Devakottai to Thirumayam (where divorce proceedings were pending) to ensure joint trial. The court approved the transfer as the respondent had no objection.

What did the court decide?

H.M.O.P.No.76 of 2021 ordered to be withdrawn from Devakottai and transferred to Sub Court, Thirumayam to be tried along with H.M.O.P.No.122 of 2023.

S.Muthukumar Vs S.P.Muthumeena — Matrimonial and Divorce | Madras HC (2024)

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Tr.C.M.P.(MD).No.46 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 25.03.2024

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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.46 of 2024 and C.M.P.(MD).No.531 of 2024

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S.Muthukumar ... Petitioner/Petitioner

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Vs.

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S.P.Muthumeena ... Respondent/Respondent

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PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.76/2021 pending on the file of the Sub Court at Devakottai and transfer the same to the file Sub Court, Thirumayam to be tried along with H.M.O.P. No. 122/2023.

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For Petitioner : Mr.V.S.Badrinath For Respondent : Mr.K.G.Arunkumar

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ORDER

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This petition has been filed withdraw the H.M.O.P.No.76/2021

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pending on the file of the Sub Court at Devakottai and transfer the same to the file Sub Court, Thirumayam to be tried along with H.M.O.P. No.

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

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Tr.C.M.P.(MD).No.46 of 2024

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122/2023.

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2.The facts in brief:

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The marriage was solemnized between the parties on 12.09.2018. Thereafter dispute was arose between the parties. Due to which the respondent filed H.M.O.P.No.70 of 2021 seeking divorce before the Subordinate Court, Pudukkottai. Thereafter, it was transferred to the Subordinate Court, Thirumayam and renumbered as H.M.O.P.No. 122 of 2023. In the meantime, the petitioner filed H.M.O.P.No.76 of 2021 before the Subordinate Court, Devakottai seeking restitution of conjugal rights. To try the above said two cases, this petition has been filed seeking transfer of H.M.O.P.No.76 of 2021 from Sub Court, Devakottai to Sub Court, Thirumayam.

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3.Heard both sides.

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4.The learned counsel for the respondent would submit that the

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respondent has no objection to transfer the case.

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

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Tr.C.M.P.(MD).No.46 of 2024

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5.Considering the facts and circumstances of the case and

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considering the submission made by the respondent's cousnel, the H.M.O.P.No.76 of 2021 filed by the respondent on the file of the Sub Court, Devakottai, is ordered to be withdrawn and transferred to the Sub Court, Thirumayam to try along with H.M.O.P.No.122 of 2023.

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

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No costs. Consequently, connected miscellaneous petition is closed.

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25.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No TM

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1.The Subordinate Judge, Devakottai.

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2.The Subordinate Judge, Thirumayam.

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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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Tr.C.M.P.(MD).No.46 of 2024

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G.ILANGOVAN ,J.

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Tr.C.M.P.(MD).No.46 of 2024

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25.03.2024

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

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S.Muthukumar v. S.P.Muthumeena

Case brief

What is this about?

What did the court decide?

S.Muthukumar v. S.P.Muthumeena

Case brief

What is this about?

What did the court decide?

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