The court allowed the transfer of a pending divorce petition from the Sub Court, Kancheepuram, to the Sub Court, Arakkonam. The transfer was granted based on the petitioner's residence, lack of assistance, and duty to look after daughters, noting no hardship for the respondent.
Transfer of H.M.O.P.No.81 of 2018 from Sub Court, Kancheepuram to Sub Court, Arakkonam.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON :24.10.2018
PRONOUNCED ON:26.10.2018
CORAM: THE HON'BLE MR.JUSTICE T.RAVINDRAN Tr.C.M.P.No.681 of 2018 and C.M.P.No.16723 of 2018
Anandavalli ...Petitioner
Vs.
E.Balakumar ...Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the H.M.O.P.No.81 of 2018 pending on the file of the Sub Court, Kancheepuram and to transfer the same to Sub Court, Arakkonam.
For Petitioner : Mr.A.Gowthaman
For Respondent : Mr.V.Sivalinkam
O R D E R
The petitioner is the wife. The respondent is the husband.
2.The respondent has laid the divorce case against the petitioner in H.M.O.P.No.81 of 2018 and the same is pending on the file of the Subordinate Court, Kancheepuram. Seeking transfer of the abovesaid proceeding to Arakonam Subordinate Court, the transfer petition has been laid by the petitioner, on the footing that the distance between the petitioner's residence and Kancheepuram Court is on the higher side and on the other hand, traveling distance between the respondent's residence, Kancheepuram and Arakonam Court is just 30 Km and as the petitioner has no one to assist her to defend the proceeding at Kancheepuram court and also she has to look after her daughters and
therefore expressed difficulty, inconvenience and hardship in attending the proceeding at Kancheepuram Court. Therefore prayed for the transfer of the proceeding to Arakkonam Court.
Tr.C.M.P.No.681 of 2018 and C.M.P.No.16723 of 2018 ASK(19/11/2018)
2 issues framed by the court
Whether the transfer of divorce proceedings from Kancheepuram to Arakkonam Sub Court is justified due to the petitioner's hardship and distance.
Whether the transferred proceedings would cause serious loss or hardship to the respondent.
1 provisions across 1 enactments
Anandavalli
E. Balakumar
T. Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
