Dismissed

A.Isabella Rajereegam v. S.Arulanantham

Madras HC26 Apr 2019TR CMP/108/2019

Case brief

AI extract

What is this about?

The High Court dismissed an application for the transfer of a pending maintenance/divorce case from the Subordinate Court, Mettur to the Family Court, Chennai, observing the trial was at an advanced stage.

What did the court decide?

Transfer of the case from Subordinate Court, Mettur to Family Court, Chennai, dismissed. Trial Court directed to complete proceedings within one month.

A.Isabella Rajereegam Vs S.Arulanantham — Civil Procedure and Limitation | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED:26.04.2019

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

¶5

Tr.CMP.Nos.108 of 2019 and C.M.P.No.3775 of 2019

¶6

A.Isabella Rajareegam ... Petitioner/Respondent

¶7

Vs.

¶8

S.Arulanantham ... Respondent/Petitioner

¶9

PRAYER: Transfer Civil Miscellaneous petitions filed under section 24 of the Civil Procedure Code, praying to withdraw and order transfer of H.M.O.P.No.26 of 2016 pending on the file of the Subordinate Court, Mettur to Family Court, Chennai.

¶10

For petitioner : Mr.N.Edwin Jeyakumar

¶11

For Respondent : Mr.C.Arun Kumar

¶12

O R D E R

¶13

This petition is filed by the petitioner seeking to withdraw and order transfer of H.M.O.P.No.26 of 2016 pending on the file of the Subordinate Court, Mettur to Family Court, Chennai.

¶14

2.The petitioner is the wife. The respondent / husband filed a petition for divorce before Subordinate Judge, Mettur. The petitioner / wife filed a maintenance case before III Additional Family Court, Chennai. This Court, by order dated 15.02.2019, ordered notice to the respondent.

¶15

The learned counsel for the respondent submits that the matter is at the advanced stage of trial in which the petitioner side evidence is over and posted for cross examination of the respondent.

¶16

https://hcservices.ecourts.gov.in/hcservices/

¶17

Considering the status of the case, this Court is not inclined to transfer the case. Further a direction is given to the Trial Court to complete the proceedings within a period of one month from the date of reciept of a copy of this order. Both the parties should cooperate with the Court for completion of the Trial.

¶18

The transfer civil miscellaneous petition is dismissed. No costs. Consequently, connected civil miscellaneous petition is closed.

¶19

Sd/-
Assistant Registrar(CCC)
//True copy//
Sub Assistant Registrar
bkn
To
1. The Sub Judge, The Subordinate Court, Mettur.
2. The Judge, The III Additional Family Court, Chennai.
+1cc to Mr.N.Edwin Jeyakumar, Advocate SR.No.41036
+2ccs to Mr.C.Arun Kumar, Advocate SR.No.41797
Tr.CMP.Nos.108 of 2019
and
C.M.P.No.3775 of 2019
VG I(CO)
GMY(08/07/2019)

¶20

https://hcservices.ecourts.gov.in/hcservices/

A.Isabella Rajereegam v. S.Arulanantham

Case brief

What is this about?

What did the court decide?

A.Isabella Rajereegam v. S.Arulanantham

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Palanivel Vs Savitha

Dr.Anandha Arokiyaraj Vs Christabel@Lalitha Christabel

Parameshwari Vs B.Rameshkumar

A.Chandra Prabha Vs a.Balasubramanian

Bono Venture Vs Jude Grace Daliya

Dewy Terraces Phase 1 Flat Owners Asso Vs Sare Shelters Project Pvt. Ltd.