R.Maheshwari v. J.Anandan
Case brief
What is this about?
The High Court allowed a transfer petition moving a Family Court application from Erode to Ooty based on the petitioner's residence and travel difficulty with her child, noting the respondent's absence.
What did the court decide?
Proceedings in I.A. No.1 of 2019 transferred from Family Court, Erode to Family Court, Ooty.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
Transfer C.M.P.No.583 of 2019
R.Maheshwari
...Petitioner
Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw and transfer the case in I.A.No.1 of 2019 in F.C.O.P.Un Numbered/2019 from the file of the Family Court, Erode to the Family Court in Ooty, Nilgris District.
For Petitioner : Mr.T.Dhamodharan
For Respondent : No appearance O R D E R
The Petitioner, who is residing at Kothagiri, Nilgris, has come up with this Petition seeking transfer of I.A.No.1 of 2019 in F.C.O.P. Un Numbered/2019 from the file of the Family Court, Erode to the Family Court in Ooty, Nilgris District.
- According to the Petitioner, it would be difficult for her to travel all the way from Kothagiri, Nilgris District to attend the hearings in I.A.No.1 of 2019 in F.C.O.P. Un Numbered/2019 on the file of the Family Court at Erode, along with her child.
Issues for consideration
2 issues framed by the court
Whether the Family Court in Erode should transfer an application to the Family Court in Ooty for convenience of the petitioner and child.
Whether the Transfer Civil Miscellaneous Petition deserves to be allowed in the absence of the respondent.
Parties & counsel
- petitioner
R.Maheshwari
- respondent
Respondent
Coram
S.Vaidyanathan
Case details
As recorded by the court registry
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