The Madras High Court allowed a transfer petition by a wife to move a dissolution of marriage case from the Family Court, Dindigul, to the Principal District Judge at Tuticorin, citing her residence, lack of income, and the convenience principle.
Transfer of I.D.O.P.No.3 of 2015 from Family Court, Dindigul to Principal District Judge, Tuticorin.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :05.04.2016
CORAM
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
TR.C.M.P(MD)No.246 of 2015 and M.P(MD)No.1 of 2015
Anbu Jothika .. Petitioner/Respondent Vs. Vijay Kumar .. Respondent/Petitioner
Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw the I.D.O.P.No.3 of 2015, on the file of Family Court, Dindigul and transfer the same other competent Court outside the Thoothukudi District.
For Petitioner : Mr.S.Muthalraj For Respondent : No Appearance
ORDER
The Transfer Civil Miscellaneous Petition is filed to withdraw the case in I.D.O.P.No.3 of 2015, on the file of the Family Court, Dindigul and transfer the same to any other Court at Thoothukudi District.
2.The petitioner herein is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 19.01.2011. After the marriage, both were living together in the matrimonial home. In the wedlock a female child was born on 31.10.2011. Due to the dispute, the respondent thrown out the petitioner from matrimonial home. The respondent filed I.D.O.P.No.3 of 2015, before the Family Court, Dindigul for dissolution of marriage.
3.According to the petitioner, she is residing at Tuticorin with her parents along with her child. She is not having any independent income and she is depending on her parents for her day-to-day expenses including travel expenses. The distance between the Tuticorin to Dindigul is more than 200 kms. She finds it very difficult to travel from Tuticorin to Dindigul. She has https://hcservices.ecourts.gov.in/hcservices/ also stated that it will not be difficult for the respondent/husband to attend the hearing at Tuticorin.
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4.In such circumstances, the petitioner filed this petition to transfer the aforesaid I.D.O.P.No.3 of 2015, filed by the respondent/husband, before the Family Court, Dindigul, to any other competent Court at Tuticorin District.
5.Heard the learned counsel appearing for the petitioner. Though notice was served on the respondent and his name is printed in the cause list, he has not chosen to appear either in person or through counsel.
Sd/Assistant Registrar (T&P) /True Copy/
Sub Assistant Registrar
am To
1.The Judge, The Family Court, Dindigul.
2.The Principal District Judge, Tuticorin.
Copy to : The Section Officer, V.R.Section
Madurai Bench of Madras High court, Madurai.
GJM/JGB/SS/9.5.16-2p-4C
TR.C.M.P(MD)No.246 of 2016 05.04.2016
2 issues framed by the court
Whether the convenience of the wife warrants the transfer of a matrimonial dispute case from Dindigul to Tuticorin.
Whether the wife's residence and lack of independent income justify withdrawing the case from a distant jurisdiction.
Colour shows how this judgement treated each authority
Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar GuptaRelied on¶17
2008(9) SCC 353 (Arti Rani @ Pinki Devi and another Vs.Dharmendra Kumar Gupta) · Who else cites this
Sumita Singh Vs. Kumar Sanjay and anotherRelied on¶17
AIR 2002 SC 396 (Sumita Singh Vs. Kumar Sanjay and another) · Who else cites this
1 provisions across 1 enactments
Anbu Jothika
Vijay Kumar
V.M. Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
