Allowed

Vanarani v. K.Saravanapriyan

Madras HC25 Mar 2024TR CMP(MD)/748/2023

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's divorce petition from Tiruchengode to Ambasamudram for joint trial with her restitution of conjugal rights petition, citing distance and lack of income. Court held wife's convenience is to be preferred and allowed the transfer.

What did the court decide?

HMOP.No.98 of 2023 withdrawn from Sub Court, Tiruchengode and transferred to Sub Court, Ambasamudram for joint trial; records to be transmitted within a week; no costs.

Vanarani Vs K.Saravanapriyan — Matrimonial and Divorce | Madras HC (2024)

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TR.CMP(MD).No.748 of 2023

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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.CMP(MD).No.748 of 2023 and CMP(MD).No.16816 of 2023

Vanarani

... Petitioner

Vs.

K.Saravanapriyan ... Respondent

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PRAYER:- Petition filed under Section 24 C.P.C., to withdraw the HMOP.No.98 of 2023 on the file of the Sub Court, Tiruchengode and transfer the same to the file of the Sub Court, Ambasamudram for having joint trial along with HMOP.No.117 of 2023 pending on the file of the Sub Court, Ambasamudram.

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For Petitioner : Mr. N. Vignesh For Respondent : No appearance

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O R D E R

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This Transfer Civil Miscellaneous Petition is filed seeking to

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withdraw the case in HMOP.No.98 of 2023 on the file of the Sub Court,

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

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TR.CMP(MD).No.748 of 2023

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Tiruchengode and transfer the same to the file of the Sub Court, Ambasamudram to try along with HMOP.No.117 of 2023 pending on the file of the Sub Court, Ambasamudram.

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The petitioner herein is the wife and the respondent is the

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husband. The marriage between the petitioner and the respondent was solemnized on 11.02.2022 as per Hindu Rites and customs. Due to the matrimonial dispute, the petitioner left from the matrimonial home. Thereafter, the respondent filed HMOP.No.98 of 2023 on the file of the Sub Court, Tiruchengode seeking divorce. Subsequently, the petitioner herein has filed HMOP.No.117 of 2023 on the file of the Sub Court, Ambasamudram seeking restitution of conjugal rights.

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Now, the petitioner is residing at Thirunelveli with her aged

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parents. The distance between Thirunelveli and Thiruchengode is approximately 650 kilometers and it is very difficult for the petitioner to travel each and every hearing to attend HMOP.No.98 of 2023 on the file of

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the Sub Court, Thiruchengode. Further, the petitioner is not having any independent income. She is only depending on her family members for her day to day expenses. In the above circumstances, she filed the present

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

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TR.CMP(MD).No.748 of 2023

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Transfer Civil Miscellaneous Petition to withdraw and transfer the HMOP.No.98 of 2023 on the file of the Sub Court, Tiruchengode to the file of the Sub Court, Ambasamudram to be tried along with HMOP.No.117 of 2023 pending on the file of the Sub Court, Ambasamudram.

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Even though the notice was served upon the respondent, he has not chosen to appear before this Court either in person or through Advocate. So after hearing the learned Counsel for the petitioner, this order is passed.

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It is well settled law that whenever, the transfer petition is

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filed in matrimonial disputes, the convenience of the wife shall be given preference. Therefore, I am of the view that the petition filed by the wife is liable to be allowed.

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Accordingly, the Transfer CMP is allowed and HMOP.No. 98 of 2023 pending on the file of the Sub Court, Tiruchengode is ordered

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to be withdrawn and transferred to the file of the Sub Court, Ambasamudram to be tried along with HMOP.No.117 of 2023 pending on

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the file of the Sub Court, Ambasamudram. . The learned Subordinate

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

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TR.CMP(MD).No.748 of 2023

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Judge, Tiruchengode, is directed to transmit the entire records pertaining to the case in HMOP.No.98 of 2023 to the transferee Court, within a week from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is also closed.

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25.03.2024

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Internet : Yes / No Index : Yes / No trp

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The Sub Court, Tiruchengode

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The Sub Court, Ambasamudram

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

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TR.CMP(MD).No.748 of 2023

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G.ILANGOVAN,J.

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Trp

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TR.CMP(MD).No.748 of 2023 and CMP(MD).No.16816 of 2023

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25.03.2024

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

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Vanarani v. K.Saravanapriyan

Case brief

What is this about?

What did the court decide?

Vanarani v. K.Saravanapriyan

Case brief

What is this about?

What did the court decide?

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