This order allows a transfer petition filed by a wife to shift her husband's divorce proceedings from the Family Court at Sivagangai to Madurai, citing her residence with parents over 50 kilometers away and lack of accompaniment as valid grounds.
Petition allowed; records to be transmitted to Madurai Family Court within a week; disposal within four months.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.04.2018
CORAM
THE HONOURABLE MR.JUSTICE M.V. MURALIDARAN
Tr.C.M.P(MD)No.103 of 2018 and C.M.P(MD)No.2266 of 2018
Jeyakodi
Vs.
Karthigairaja ... Respondent
Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw the HMOP.No.11 of 2017 on the file of the Family Court, Sivagangai and transfer the same to the file of the Family Court, Madurai.
For Petitioner : Mr. M. Karunanithi For Respondent : No appearance
ORDER
The Transfer Civil Miscellaneous Petition is filed to withdraw the HMOP.No.11 of 2017, on the file of the Family Court, Sivagangai and transfer the same to the file of the Family Court, Madurai.
2
Despite service of notice, the respondent has not chosen to appear either in person or through counsel.
is filed in matrimonial disputes, the convenience of the wife shall be given preference. Further, the petitioner has given valid reasons to Transfer the HMOP. Therefore, I am inclined to allow this Transfer Civil Miscellaneous Petition. Accordingly, this Petition is allowed with the following directions:-
(a) The learned Judge, Family Court, Sivagangai, is directed to transmit the entire records pertaining to the case in HMOP No.11 of 2017 to the transferee Court, within a week from the date of receipt of a copy of this order, if the same is not yet disposed of.
(b) The learned Judge, Family Court, Madurai, after obtaining the records on transfer, is directed to dispose of the said HMOP, within a period of four months.
No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/Assistant Registrar(T&P) /True Copy/
Sub Assistant Registrar
To
+1CC to Mr.M.Karunanithi, Advocate, SR.No. 60553
Tr.C.M.P(MD)No.103 of 2018 and C.M.P(MD)No.2266 of 2018 06.04.2018
trp
AM/JC/SAR 2/23.04.2018/2P/4C
1 issue framed by the court
Whether the transfer of a divorce petition from Sivagangai Family Court to Madurai Family Court is justified due to the petitioner's residence and the convenience of the wife.
1 provisions across 1 enactments
Jeyakodi
Karthigairaja
M.V. Muralidaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
