Petitioner wife sought transfer of divorce proceedings from Family Court Trichy to Subordinate Court Sivakasi due to distance and financial hardship. Single Bench allowed the transfer and directed record movement.
Transfer of records from Family Court, Trichy, to Subordinate Court, Sivakasi, directed to be disposed of expeditiously.
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.
Tr.C.M.P(MD)No.238 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2019 CORAM :
THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P(MD)No.238 of 2019 and C.M.P.(MD) No.5528 of 2019
G.Kalarani
... Petitioner
Vs.
K.Karthikeyan ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw the case in O.P.No.98 of 2019 on the file of the Family Court, Trichy and transfer to the file of the Subordinate Judge, Sivakasi, Virudhunagar District.
For Petitioner : Mr.S.Selvakumar For Respondent : No appearance
J U D G M E N T
This Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of the proceedings pending before the Family Court, Trichy in O.P.No. 98 of 2019 to the file of the Subordinate Court, Sivakasi, Viruduhnagar District.
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Tr.C.M.P(MD)No.238 of 2019
she is residing at Sivakasi and she will have to travel nearly 650 kms up and down to attend every hearing at Trichy, since the matter is pending before the Family Court, which mandates the presence of the parties at every hearing.
that the Subordinate Court at Sivakasi is also conferred with the jurisdiction to try the petition for divorce, this Court is inclined to allow this Transfer Civil Miscellaneous Petition.
i) The learned Judge, Family Court, Trichy, is directed to transmit the entire records in O.P.No. 98 of 2019 to the file of the Subordinate Court, Sivakasi, Viruduhnagar District, within a period of two weeks from the date of receipt of copy of this order.
ii) the learned Subordinate Judge, Sivakasi, Virudhunagar District, after obtaining the records on transfer, is directed to dispose of the same as expeditiously as possible in accordance with law.
Assistant Registrar (CS-II) // True Copy //
Sub Assistant Registrar(CS)
CM
To,
1.The Judge, Family Court, Trichy.
2.The Subordinate Judge, Sivakasi.
+1 CC to Mr.S.SELVAKUMAR, Advocate ( SR-93380[F] dated 21/10/2019 )
Tr.C.M.P(MD)No.238 of 2019 and C.M.P.(MD) No.5528 of 2019 17.10.2019
VB(20.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/
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1 issue framed by the court
Whether the wife is entitled to transfer divorce proceedings from Family Court Trichy to Subordinate Court Sivakasi on grounds of hardship and convenience.
1 provisions across 1 enactments
G.Kalarani
K.Karthikeyan
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
