Allowed

P.Kavitha v. M.Karthik Raja

Madras HC18 Aug 2017TR CMP/108/2017

Case brief

AI extract

What is this about?

The High Court at Madrai allowed a transfer petition filed by a petitioner to withdraw matrimonial proceedings from the Family Court, Madurai, and transfer them to the Family Court, Chennai due to her residence in Chennai and physical inconvenience of traveling. The court noted the respondent's non-appearance.

What did the court decide?

Proceedings withdrawn from Family Court Madurai and transferred to Family Court Chennai for disposal on merits.

P.Kavitha Vs M.Karthik Raja — Matrimonial and Divorce | Madras HC (2017)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED:18.08.2017

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

¶6

TR CMP NO.108 of 2017
AND CMP NO.1744 of 2017
P.Kavitha ... Petitioner
versus
M.Karthick Raja ... Respondent

¶7

PRAYER : Petition filed under Section 24 of the Civil Procedure Code to withdraw the H.M.O.P No. 1014 of 2016 pending on the file of the Hon'ble District Judge of Family Court, Madurai and transfer the same to the Hon'ble Family Court, Chennai.

¶8

For Petitioner : Ms.R.Vimal

¶9

O R D E R

¶10

The petitioner has filed this transfer petition with a prayer

¶11

to withdraw the proceedings in H.M.O.P No. 1014 of 2016 from the file

¶12

of Family Court, Madurai and transfer the same to the file of Family

¶13

http://www.judis.nic.in

¶14

¶15

Court, Chennai.

¶16

Heard the learned counsel for the petitioner and notice

¶17

was served on behalf of the respondent on 16.02.2017, none appeared.

¶18

The petitioner is a resident of Chennai. The

¶19

respondent/husband instituted a proceedings in H.M.O.P No. 1014 of 2016 for divorce. According to the petitioner, she is residing at

¶20

Chennai, it is very difficult to travel Chennai to Madurai for defending

¶21

the proceedings in H.M.O.P No. 1014 of 2016.

¶22

The respondent/husband was served with the notice

¶23

through Court on 08.03.2017 and through private notice taken by the petitioner on 16.02.2017. Despite the same there is not appearance.

¶24

Section 19(iii-a) of the Hindu Marriage Act, permits the

¶25

wife to initiate matrimonial proceedings before the Court in whose jurisdiction she is residing at the time of institution of proceedings.

¶26

The petitioner has produced sufficient materials

¶27

justifying the transfer. In fact, there is nothing on record suspecting

¶28

http://www.judis.nic.in the bonafides in filing this transfer petition.

¶29

¶30

Considering the distance and physical inconvenience

¶31

caused to the petitioner, this Court is of the view that the transfer

¶32

petition deserves to be allowed. Accordingly, the proceedings in H.M.O.P No. 1014 of 2016 is withdrawn from the file of Family Court,

¶33

Madurai and is transferred to Family Court, Chennai for disposal on merits. The Family Court, Chennai is directed to renumber the H.M.O.P No. 1014 of 2016 and conduct the proceedings, in accordance with law,

¶34

as expeditiously as possible from the date of receipt of a copy of this

¶35

order.

¶36

With the above direction, the Transfer Civil

¶37

Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

¶38

18.08.2017 Index : Yes/No Internet : Yes/No bsm

¶39

¶40

The Family Court, Madurai

¶41

http://www.judis.nic.in

¶42

¶43

1. The Family Court Chennai.

¶44

M.GOVINDARAJ, J.

¶45

bsm

¶46

TR CMP NO.108 of 2017
AND CMP NO.1744 of 2017

¶47

18.08.2017

¶48

http://www.judis.nic.in

P.Kavitha v. M.Karthik Raja

Case brief

What is this about?

What did the court decide?

P.Kavitha v. M.Karthik Raja

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pappathi Vs Dinesh Kumar

Kotieeswari(Deceased) Vs v. Kalaivanan

M/S. Manish Creations Vs M/S. Karikali Amman Spinning

B. Kamalabai Vs S. Prakash

Tmt.Manimegalai Vs Illaiyaraja

Gowri Vs Deivanathan