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M.Visithra v. M.Surender @ Harisurender

Madras HC14 Mar 2025TR CMP/658/2024

Case brief

AI extract

What is this about?

What did the court decide?

H.M.O.P.No.241 of 2023 withdrawn from the file of the Family Court, Krishnagiri and transferred to the file of the Sub Court, Palacode, to be tried along with H.M.O.P.No.21 of 2024; no costs; connected miscellaneous petition closed. ¶30

M.Visithra Vs M.Surender @ Harisurender — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether H.M.O.P.No.241 of 2023, pending before the Family Court, Krishnagiri, should be withdrawn and transferred to the Sub Court, Palacode, to be tried along with H.M.O.P.No.21 of 2024. +1 more

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Ratio / Principle

In the light of the reasons set out by the petitioner (residence at Palacode in Dharmapuri District, care of her one-year-old son with her parents' help and no maintenance from the respondent, and hardship of travel from Palacode to Krishnagiri), her request for transfer was found to be reasonable.

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Key takeaways

Tr.C.M.P.No.658 of 2024 allowed: H.M.O.P.No.241 of 2023 withdrawn from the file of the Family Court, Krishnagiri and transferred to the file of the Sub Court, Palacode, to be tried along with H.M.O.P.No.21 of 2024; ordered 'No costs' and the connected miscellaneous petition (C.M.P.No.14264 of 2024) closed.ratio¶30

Detailed headnote1 paragraphs

Madras High Court (P.T. Asha, J.; order dated 14.03.2025) allowed the petitioner-wife's Tr.C.M.P.No.658 of 2024 filed under 24 of the Code of Civil Procedure and withdrew H.M.O.P.No.241 of 2023 - the respondent-husband's petition for restitution of conjugal rights - from the Family Court, Krishnagiri, transferring it to the Sub Court, Palacode, to be tried along with the petitioner's own divorce petition, H.M.O.P.No.21 of 2024. Reasons accepted by the court: the petitioner resides at Palacode, Dharmapuri District; she takes care of her one-year-old son with her parents' assistance and receives no maintenance from the respondent; travel from Palacode to Krishnagiri with the one-year-old child causes significant hardship and inconvenience. The respondent, though served through private notice, did not enter appearance. Ordered 'No costs'; the connected C.M.P.No.14264 of 2024 was closed.

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Tr.C.M.P.No.658 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.03.2025

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CORAM:

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THE HONOURABLE MS.JUSTICE P.T.ASHA

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Tr.C.M.P.No.658 of 2024 C.M.P.No.14264 of 2024

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M.Visithra ...Petitioner

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M.Surender (a) Harisurender ...Respondent

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PRAYER : Transfer Civil Miscellaneous Petition filed under 24 of Code of Civil Procedure, pleased to withdraw H.M.O.P.No.241 of 2023 on the file of the Family Court, Krishnagiri and transfer the same to the Sub Court, Palacode and to be tried along with H.M.O.P.No.21 of 2024 on the file of Sub Court, Palacode.

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For Petitioner : Mr.J.Prakasam

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For Respondent : Private Notice served (No appearance)

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ORDER

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Seeking to transfer H.M.O.P.No.241 of 2023 now pending on the

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

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Tr.C.M.P.No.658 of 2024

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file of the Family Court, Krishnagiri, to the file of the Sub Court, Palacode, the petitioner wife has preferred the above Transfer Civil Miscellaneous Petition.

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2.The transfer has been sought on the following reasons:-

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a)The petitioner is residing at Palacode, Dharmapuri District and the respondent has filed the petition for restitution of conjugal rights in

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H.M.O.P.No.241 of 2023 on the file of the Family Court, Krishnagiri.

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b)The petitioner has filed petition for divorce in H.M.O.P.No.21 of

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2024 on the file of the Sub Court, Palacode,

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c)The petitioner is taking care of her one year old son and they are being taken care of by her parents. The respondent has not given any maintenance to the petitioner.

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d)The travel from Palacode to Krishnagiri along with a one year old child causes significant hardship and inconvenience to the petitioner.

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3.Heard the learned counsel for the petitioner and perused the records. The respondent though served through private notice has not entered appearance.

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

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Tr.C.M.P.No.658 of 2024

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4.In the light of the aforesaid reasons set out by the petitioner, her request for transfer appears to be reasonable. Therefore, the Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.241 of 2023 is withdrawn from the file of the Family Court, Krishnagiri and transferred to the file of the Sub Court, Palacode, to be tried along with H.M.O.P.No.21 of 2024. No costs. Consequently, connected miscellaneous petition is closed.

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14.03.2025

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Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep

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