Allowed

Mrs.Saraladevi v. a.Kalaiarasan

Madras HC2 Nov 2018TR CMP/224/2018

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras allowed a transfer petition filed under Section 24 of the Civil Procedure Code. The petitioner sought to withdraw a pending divorce case from the Family Court, Chengalpet, and transfer it to the Principal Family Court, Chennai. The court held that the petitioner demonstrated sufficient cause due to residence and hardship, and the respondent found no prejudice

What did the court decide?

FCOP. No.121 of 2017 pending with the Family Court, Chengalpet was withdrawn and transferred to the Principal Family Court, Chennai.

Mrs.Saraladevi Vs a.Kalaiarasan — Service and Employment | Madras HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

RESERVED ON : 01.11.2018
PRONOUNCED ON : 02.11.2018
CORAM
THE HONOURABLE MR. JUSTICE T.RAVINDRAN
TR CMP.224/2018
and
CMP.5751/2018
Saraladevi
...Petitioner
Vs.
A.Kalaiarasan ...Respondent
Prayer:
Transfer CMP is filed under Section 24 of Civil Procedure
Code, praying to withdraw FCOP. No.121 of 2017 on the file of
the Family Court, Chengalpet, and transfer the same to the file
of the Principal Family Court, Chennai.
For Petitioner : Mr.P.Krishnan
For Respondent : Mr.T.Ramachandran
ORDER
The petitioner is the wife. The respondent is the husband.

¶3

The respondent has levied a divorce case against the
petitioner in FCOP. No.121 of 2017 and the same is pending on
the file of the Family Court, Chengalpet.

¶4

Seeking transfer of the abovesaid proceeding to the Principal family court, Chennai, the petitioner has comeforward with the transfer petition on the footing that she is residing at Ernavur, and finding it inconvenient and experiencing hardship in attending the proceeding at Chengalpet Court considering the distance between her residence and the family court at Chengalpet and also would state that she would be burdened with further expenses in defending the proceeding at Chengalpet Court, accordingly prayed for the transfer. It is also contended that by way of transferring the proceeding to the family court at Chennai, no serious loss or hardship would be caused to the respondent as he his the resident of Vandalur, Chennai.

¶5

https://hcservices.ecourts.gov.in/hcservices/

¶6

The respondent resisted the transfer request of the petitioner on the footing that the same has been made only to cause inconvenience and hardship to him. Considering the residence of the of the petitioner and the family Court, Chengalpet, and the inconvenience and hardship experienced by the petitioner in attending the preceeding at the family Court, Chengalpet, which fact has not been seriously controverted by the respondent, it is seen that the petitioner has made out the sufficient cause for acceding to the transfer request. Furthermore, the respondent, being the resident of Vandalur, Chennai, would not be having any difficulty or put to any prejudice in the event of the proceeding being conducted at Chennai Court.

¶7

For the reasons abovestated, FCOP. No.121 of 2017 pending
on the file of the Family Court, Chengalpet, is withdrawn and
transferred to the file of the Principal Family Court, Chennai,
for disposal as per law.
6. Accordingly, the Transfer Civil Miscellaneous Petition
is allowed. Consequently, connected miscellaneous petition is
closed.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
bga
To
1.The Judge,Family Court, Chengalpet
2.The Judge, Principal Family Court, Chennai
+1cc to Mr.P.Krishnan, Advocate, S.R.No.75628
TR CMP.224/2018
and
CMP.5751/2018
NRI(CO)
GSP(20/11/2018)

¶8

https://hcservices.ecourts.gov.in/hcservices/

Mrs.Saraladevi v. a.Kalaiarasan

Case brief

What is this about?

What did the court decide?

Mrs.Saraladevi v. a.Kalaiarasan

Case brief

What is this about?

What did the court decide?

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