Wife sought transfer of her husband's divorce petition from Sub Court, Chidambaram to Family Court, Trichy, citing harassment and travel difficulty. She conceded she resides at Chidambaram; the court declined transfer and directed the divorce petition be decided within six months.
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Tr.C.M.P(MD)No.745 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 20.03.2025 Pronounced on : 22.04.2025
CORAM
THE HONOURABLE MR.JUSTICE P.VADAMALAI
Tr.C.M.P(MD)No.745 of 2024 and C.M.P(MD)No.17853 of 2024
M.Prema ... Petitioner
Vs.
Maheswaran ... Respondent
PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in H.M.O.P.No.86 of 2022 on the file of the Sub Court, Chidambaram and transfer the same to the Family Court, Trichy to be tried by clubbing the same with the petition in H.M.O.P.No.574 of 2023 filed by the petitioner herein seeking for restitution of conjugal rights.
For Petitioner : Mr.K.Siva Balan For Respondent : Mr.P.T.Ramesh Raja
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ORDER
This Transfer Civil Miscellaneous Petition is filed seeking for an order to withdraw the H.M.O.P.No.86 of 2022 on the file of the Sub Court, Chidambaram and to transfer the same to the file of the Family Court, Tiruchirappalli to try along with H.M.O.P.No.574 of 2023.
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Sub Court, Chidambaram, for divorce. The petitioner filed the petition H.M.O.P.No.574 of 2023 before the Family Court, Trichy, against the respondent for restitution of conjugal rights. But, the respondent did not appear in both cases and he did not appear before the mediation, though the petitioner is struggling for reunion. She solely depends on her parents for day to day life and she finds it very difficult to travel from Trichy to Chidambaram. In the above circumstances, the petitioner has filed this present Transfer Civil Miscellaneous Petition.
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misunderstanding, they are living separately. Though the petitioner has filed this petition seeking transfer of H.M.O.P.No.86 of 2022 from the Sub Court, Chidambaram, to the Family Court, Trichy, the respondent vehemently objected the petition and submitted that the petitioner is residing at Chidambaram only and that too in the 1st floor of the same building where the respondent is living. The petitioner's side also has fairly conceded about her living at Chidambaram, however, prays time for disposal of the divorce petition within the stipulated time. Therefore, taking note of the petitioner’s admission of the residence at Chidambaram, this Court is not inclined to transfer the H.M.O.P.No.86 of 2022 from the Sub Court, Chidambaram.
22.04.2025
NCC : Yes / No Index : Yes / No Internet : Yes / No VSD
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Tr.C.M.P(MD)No.745 of 2024
To
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Tr.C.M.P(MD)No.745 of 2024
P.VADAMALAI, J.
VSD
Pre - Delivery Order made in Tr.C.M.P(MD)No.745 of 2024 and C.M.P(MD)No.17853 of 2024
22.04.2025
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1 issue framed by the court
Whether the divorce petition in H.M.O.P.No.86 of 2022 pending before the Sub Court, Chidambaram should be transferred to the Family Court, Trichy for trial with the wife's restitution petition.
1 provisions across 1 enactments
M.Prema
Maheswaran
P.VADAMALAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
