Allowed

T. Pandi Sree v. S.Thambidurai

Madras HC12 Mar 2024TR CMP(MD)/72/2024

Case brief

AI extract

What is this about?

A wife sought transfer of her husband's divorce petition from the Family Court, Madurai to Thanjavur, citing the 220 km distance from her residence. Relying on Supreme Court precedent that a woman's convenience governs such transfers, the court allowed the petition and directed transmission of records within two weeks.

What did the court decide?

H.M.O.P.No.1489 of 2023 transferred from Family Court, Madurai to Family Court, Thanjavur; records to be transmitted within two weeks.

T. Pandi Sree Vs S.Thambidurai — Matrimonial and Divorce | Madras HC (2024)

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TR. CMP(MD)No.72 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.03.2024

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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.72 of 2024 and CMP(MD)No.1206 of 2024

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T.Pandi Sree ...Petitioner/Respondent/Wife

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Vs.

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S.Thambidurai ...Respondent/Petitioner/Husband

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C to order to withdraw and transfer the case in H.M.O.P.No.1489 of 2023 on the file of the Family Court, Madurai to the Family Court, Thanjavur.

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For Petitioner : Mr.C.Senthil Murugan

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For Respondent : No appearance

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O R D E R

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This Transfer Civil Miscellaneous Petition is filed

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seeking transfer of H.M.O.P.No.1489 of 2023 from the file of

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Family Court, Madurai to the Family Court, Thanjavur.

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1/5

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

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TR. CMP(MD)No.72 of 2024

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The learned Counsel appearing for the petitioner would aver, among other things, that the respondent filed H.M.O.P.No.1489 of 2023 on the file of the Family Court, Madurai for divorce. The petitioner submits that distance between the residence of the petitioner to Madurai is 220 kms and therefore, she is not in a position to travel and seeks for transfer.

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Heard the learned counsel for the petitioner and

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perused the materials placed on record. There is no representation for the respondent.

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I am satisfied with the reasons stated in the affidavit

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filed in support of this petition. It is well settled law that convenience of woman is to be taken into consideration at the time of considering transfer applications as held by the Supreme Court in the judgment reported in 2008(9)SCC 353 (Arti Rani @ Pinki Devi

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and another Vs. Dharmendra Kumar Gupta) . I am inclined to allow this Transfer Civil Miscellaneous Petition. Accordingly, this

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2/5

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

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TR. CMP(MD)No.72 of 2024

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petition is allowed with the following direction:

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The Family Court, Madurai, is directed to transmit the entire records in H.M.O.P.No.1489 of 2023 to the file of the Family Court, Thanjavur within a period of two weeks from the date of receipt of copy of this order for disposal on merits.

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No costs. Consequently, connected miscellaneous petition is closed.

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12.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM

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3/5

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

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TR. CMP(MD)No.72 of 2024

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1.The Judge, Family Court, Thanjavur

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2.The Judge, Family Court, Madurai

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

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4/5

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

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TR. CMP(MD)No.72 of 2024

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G. ILANGOVAN, J.

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TR. C.M.P.(MD)No.72 of 2024 and CMP(MD)No.1206 of 2024

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12.03.2024

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5/5 https://www.mhc.tn.gov.in/judis

T. Pandi Sree v. S.Thambidurai

Case brief

What is this about?

What did the court decide?

T. Pandi Sree v. S.Thambidurai

Case brief

What is this about?

What did the court decide?

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