Jothilakshmi v. Palanivel

Madras HC3 Apr 2025TR CMP/930/2022

Case brief

AI extract

What is this about?

TR C.M.P.No.930 of 2022 and C.M.P.No.15982 of 2022; High Court of Judicature at Madras; Justice P.T. Asha; decided 03.04.2025; transfer petition under Section 24 of the Code of Civil Procedure; petitioner-wife Jothilakshmi; respondent-husband Palanivel; divorce petition HMOP.No.3 of 2015 withdrawn from Subordinate Court, Sankari, Salem and transferred to Subordinate Court, Gobichettipalayam, Erode; respondent raised no objection; petitioner's grounds: residence at Gobichettipalayam with 16-year-old daughter, travel over 60 km, financial burden; no costs; connected miscellaneous petition closed.

What did the court decide?

Withdrawal and transfer of HMOP.No.3 of 2015 from the Subordinate Court, Sankari, Salem to the Subordinate Court, Gobichettipalayam, Erode; no costs awarded; connected miscellaneous petition closed. ¶¶32

Jothilakshmi Vs Palanivel — Madras HC (2025) — LawSathi Research

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Transfer Civil Misc. Petition No.930 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 03.04.2025

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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.930 of 2022 and C.M.P.No.15982 of 2022

Jothilakshmi

... Petitioner

Palanivel ... Respondent

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Prayer: Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw the HMOP.No. 3 of 2015 pending before the Subordinate Judge, Sankari, Salem and transfer the same to the Subordinate Judge, Gobichettipalayam, Erode or any other Court of competent jurisdiction.

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For Petitioner : Mr.J.Ranjithkumar For Respondent : Mr.B.Jawahar

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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 HMOP.No. 3 of 2015 pending on the file of the Subordinate Court, Sankari, Salem, which is filed by the respondent-

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1/4

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

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Transfer Civil Misc. Petition No.930 of 2022

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husband for divorce and to transfer the same to the Subordinate Court, Gobichettipalayam, Erode.

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The petitioner-wife would submit that she is living with her

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parents in Gobichettipalayam, Erode along with her 16 year old daughter, who is studying in 12^th Standard. She has to take care of her daughter who is going to write her final examinations. Further, she cannot travel all the way to Sankari for every hearing, as it would cause a financial burden on her. It is also very difficult for her to travel alone for more than 60 kms from Gobichettipalayam to Sankari to attend the

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hearings. Hence, she sought for transfer.

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