The Court allowed a transfer petition seeking the relocation of a divorce petition from the Family Court, Puducherry to the Family Court, Chennai. This was due to the wife's residence in Chennai and lack of objection from the husband.
Transfer of M.O.P. No. 368 of 2017 from Family Court, Puducherry to Family Court, Chennai. Petition allowed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.03.2018
CORAM :
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA
Tr.C.M.P. No.883 of 2017 and C.M.P.No.17804 of 2017
T.T.Sandhya ... Petitioner
Vs. K.Saravana Sundar ... Respondent
Prayer:-
Petition is filed under Section 24 of C.P.C., to withdraw and transfer the divorce petition in M.O.P.No.368 of 2017 pending on the file of the Family Court, Puducherry, Union Territory of Puducherry to the Family Court, Chennai.
For Petitioner : Mr.E.Kannadasan For Respondent : Mr.V.Ajayakumar O R D E R
The petitioner/wife in the matrimonial dispute has filed this Transfer Civil Miscellaneous Petition, seeking transfer of M.O.P.No.368 of 2017, pending on the file of Family Court, Puducherry to the file of the Family Court, Chennai.
learned counsel for the respondent. The learned counsel appearing for the respondent submitted that the respondenthusband has got no serious objection for the said transfer.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
srn
To
1. The Family Court, Puducherry
2. The Principal Judge, Family Court, Chennai
+1cc to Mr.E.Kannadasan, Advocate, S.R.No.17226
+1cc to Mr.V.Ajayakumar, Advocate, S.R.No.17446
Tr.C.M.P. No.883 of 2017 and C.M.P.No.17804 of 2017 LRS(CO) CS/05/04/18
2 issues framed by the court
Whether the divorce petition pending in Family Court, Puducherry should be transferred to Family Court, Chennai.
Whether Section 19(iii-a) of the Hindu Marriage Act supports transfer when the wife resides in Chennai.
2 provisions across 2 enactments
T.T. Sandhya
K. Saravana Sundar
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
