The High Court dismissed a petition seeking transfer of a pending divorce proceeding from the Principal Subordinate Judge, Tindivanam, to the Family Court, Chengalpattu. The court found the cited reasons of distance and mental state insufficient.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 05.10.2018
PRONOUNCED ON : 10 .10 .2018
CORAM
THE HONOURABLE MR. JUSTICE T.RAVINDRAN
TR CMP.714/2018 and CMP.17632/2018 C.Revathy ...Petitioner/Respondent Vs. K.Balaji @ Senthilkumaran ...Respondent/Petitioner Prayer: Transfer CMP is filed under Section 24 of Civil Procedure Code, praying to withdraw HMOP. No.4/2018 from the file of the court of Principal Subordinate Judge, Tindivanam, and transfer the same to the file of the Family Court Judge, Chengalpattu.
For Petitioner : Mr.D.Senthil Kumar ORDER The petitioner is the wife. The respondent is the husband.
being represented by an able advocate, it is seen that her advocate would be able to attend the proceeding during her absence as per the instructions received from the petitioner now and then. At the most, the petitioner would be required to be present only on the hearing date when her evidence is to be recorded. That apart, considering the distance between her residence and Tindivanam Court, it is found that it is not on the higher side. In such view of the matter, the reasons projected by the petitioner for seeking the transfer on account of the distance factor and other cause, as such, cannot be readily contenanced.
1 issue framed by the court
Whether the grounds of residence distance and mental well-being warrant transfer of a divorce suit to a different court.
C. Revathy
K. Balaji @ Senthilkumaran
T. Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
