Swapna v. M.Sridhar
Case brief
What is this about?
This order allows a transfer petition filed by a wife seeking to move her residence-based civil maintenance case from Vellore to Trichy due to distance and financial constraints.
What did the court decide?
The Family Court, Vellore (FCOP.No.89 of 2016) is directed to be transferred to the file of the Principal Sub Court, Trichy.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2016
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM
Tr.CMP.No.760 of 2015
and MP.No.1 of 2015
S.Swapna ... Petitioner
Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, pleased to withdraw the case in HMOP.No.142 of 2014 on the file of Sub Judge, Vellore on the file of Sub Judge, Trichy and pass further orders.
For Petitioner : Mr.V.Sukumar For Respondent : Mr.K.Govi Ganesan O R D E R
Petitioner has filed the present petition seeking transfer of HMOP.No.142 of 2014 from the file of learned Sub Judge, Vellore to the file of learned Principal Sub Court, Trichy. The learned counsel for the respondent submitted that subsequent to filing of the transfer petition, the case has been transferred and now pending before the Family Court, Vellore in FCOP.No.89 of 2016.
2.Learned counsel for petitioner submits that respondent/husband has filed H.M.O.P.No.142 of 2014 on the file of Sub Judge, Vellore, seeking divorce, now pending on the file of Family Court, Vellore in FCOP.No.89 of 2016. Submitting that petitioner/wife is residing at Trichy, she has to take care of her child and hence, she finds it difficult to travel to Vellore to attend the hearing of the case, she being mother of three years old child she faces much difficulty to travel between Trichy to Vellore. The petitioner resides at Trichy, the distance is nearly 350kms and she finds very expensive to travel, she has to trouble her father who is aged about 65years and who maintains accounts in shops at Trichy and through whose earning the family has been maintained, learned counsel prays for transfer.
Issues for consideration
1 issue framed by the court
Whether the Transfer Civil Miscellaneous Petition should be allowed to transfer the maintenance case from family court in Vellore to principal sub court in Trichy.
Parties & counsel
- petitioner
S.Swapna
- respondent
Respondent
Coram
C.T. SELVAM
Case details
As recorded by the court registry
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