High Court allowed a petition to transfer matrimonial proceedings from Sub-Court, Sivagangai to Family Court, Tiruchirappalli. The wife resides in Trichy while the husband works in Singapore, justifying the transfer for convenience.
Transfer of H.M.O.P.No.105 of 2016 from Sub-Court, Sivagangai to Family Court, Tiruchirappalli.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 27.06.2017 CORAM THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
TR.C.M.P(MD)No.161 of 2017 and C.M.P(MD)No.3675 of 2017
V.Malarkodi
... Petitioner/Respondent
vs.
S.Selvaraj @ Selvan ... Respondent/Petitioner
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code praying this Court to withdraw H.M.O.P.No.105 of 2016 on the file of Sub-Court, Sivagangai and transfer the same for hearing before Family Court(District Judge), Tiruchirappalli.
For Petitioner : M/s.J.Anandhavalli For Respondent : M/s.A.L.VijeyDevraj
ORDER
The wife, who is the respondent in H.M.O.P.No.105 of 2016, filed by the husband seeking divorce, is the Petitioner.
2.The said petition was filed before Sub-Court, Sivagangai by the husband. The wife claims that she is a permanent resident of Trichy and she has been living with her parents, soon after the marriage, since her husband is working at Singapore. In the Original Petition as well as in the complaints given by the husband, the wife is shown to be a resident of Trichy.
3.Therefore, considering the convenience of the wife and the fact that the husband is residing at Singapore, this Transfer Civil Miscellaneous Petition is allowed and the proceedings in H.M.O.P.No.105 of 2016 are withdrawn from the file of Sub-Court, Sivagangai and transferred to the file of Family Court, Tiruchirappalli. The Sub-Court, Sivagangai is directed to despatch the records in H.M.O.P.No.105 of 2016 to Family Court,Tiruchirappalli within a period of two weeks from the date of receipt of copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs.
Sd/-
Assistant Registrar (CO)
/True copy/
Sub Assistant Registrar
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To
+1 CC to M/s.J.ANANDHAVALLI, Advocate, SR No. 62099 +1 CC to M/S.A.L.VIJEYDEVARAJ, Advocate, SR No. 62536.
VSN
PSM/SKN-RSK/SAR4/05.07.2017/2P/5C
TR.C.M.P(MD)No.161 of 2017 and C.M.P(MD)No.3675 of 2017 27.06.2017
1 issue framed by the court
Whether the proceedings under the domestic violence case should be transferred from the Sub-Court at Sivagangai to the Family Court at Tiruchirappalli considering the residence of the wife and the hus
1 provisions across 1 enactments
V.Malarkodi
S.Selvaraj @ Selvan
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
