Transfer Civil MP aiming to shift matrimonial proceedings from Madurai Family Court to Kancheepuram Sub Court due to petitioner's residence and studies there was allowed after respondent's non-contestation.
I.D.O.P. No. 59 of 2017 transferred from Family Court, Madurai to Subordinate Court, Kancheepuram. Transfer MP allowed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 31.10.2018 PRONOUNCED ON : 02.11.2018
CORAM:THE HON'BLE MR.JUSTICE T.RAVINDRAN
Tr.C.M.P.No.313 of 2018
and C.M.P.No.7908 of 2018
B.Sheeba Preethi @ Preethi ...Petitioner
Vs.
A.Arockia Yesu Raj ...Respondent
Prayer:
Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw and transfer the petition in I.D.O.P.No.59 of 2017 on the file of the Family Court, Madurai to the Sub Court at Kancheepuram.
For Petitioner: M/s.Swathi Subramaniam For Respondent: No representation
No appearance Set exparte
Petitioner is the wife. Respondent is the husband.
3.Seeking transfer the of the abovesaid proceeding to Kancheepuram court, the petitioner has preferred the transfer petition putting forth the case that she is residing at Kancheepuram with her parents and also studying M.Sc., Medical Physics at Kancheepuram and considering the distance between Kancheepuram and Madurai being on the higher side, she is finding it difficult to defend the case by attending the proceeding at Madurai court and furthermore she would be forced to incur additional expenses in defending the proceeding at Madurai court and contended that by way of the proceeding being conducted at Kancheepuram court, no serious loss or hardship would be caused to the respondent and accordingly prayed for the transfer.
respondent and the respondent being called and remaining absent, he has been set exparte.
2 issues framed by the court
Whether the transfer petition seeking transfer of matrimonial proceedings from Family Court, Madurai to Sub Court, Kancheepuram should be allowed.
Whether the hardship faced by the petitioner in travelling to Madurai justifies the transfer.
1 provisions across 1 enactments
B. Sheeba Preethi
A. Arockia Yesu Raj
T. Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
