High Court transferred a divorce petition from Sub-Court, Tambaram to Sub-Court, Theni. The petitioner, a mother of three, resided in Theni, while the original court was in Tambaram, causing difficulty for her to attend hearings.
The entire records of the divorce petition H.M.O.P.No.589 of 2016 are directed to be transmitted to the Sub-Court, Theni within two weeks.
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.243 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.243 of 2019 and C.M.P.(MD) No.5623 of 2019
Vanitha
... Petitioner
Vs.
T.Logarajan ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw and transfer the petition made in H.M.O.P.No.589 of 2016 on the file of the Sub-Court, Tambaram to Sub-Court, Theni.
For Petitioners : Mr.P.R.Prithiviraj For Respondent : No appearance
J U D G M E N T
The wife is the petitioner before this Court. This Transfer Civil Miscellaneous Petition is filed to transfer H.M.O.P.No.589 of 2016 filed by the husband for divorce against the respondent pending on the file of the Subordinate Court, Tambaram to be tried by the Subordinate Court, Theni, where the petitioner is residing.
2.It is the case of the petitioner that out of her wedlock with the respondent herein, she has been blessed with 3 daughters. She lived at her matrimonial house till the year 2013 and thereafter the attitude of the respondent underwent a change. Misunderstanding arose between them and the respondent returned to her parental home leaving behind her eldest daughter and taking along with her two younger ones.
3.The petitioner would submit that she has been taken care of by her father and she had therefore attended the hearings before the Sub Court, Tenkasi. Finally her father passed away on 30.10.2018 and as a result she is now left all alone. Therefore, it would be difficult for her to travel to Tenkasi to attend the hearings leaving behind her two minor girls. That apart, she is also not receiving any maintenance from her husband.
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Tr.C.M.P(MD)No.243 of 2019
i) The learned Principal Subordinate Judge, Tambaram, is directed to transmit the entire records in H.M.O.P.No.589 of 2016 to the file of the Sub Court, Theni, within a period of two weeks from the date of receipt of copy of this order.
ii) the Subordinate Judge, Theni, after obtaining the records on transfer, is directed to dispose of the same as expeditiously as possible in accordance with law.
Assistant Registrar (CO)
// True Copy //
Sub Assistant Registrar(CS )
To
1.The Sub-Court, Tambaram 2.The Sub-Court, Theni.
Tr.C.M.P(MD)No.243 of 2019 and C.M.P.(MD) No.5623 of 2019 17.10.2019
cm MK (06.11.2019) 2P 3C
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1 issue framed by the court
Whether the divorce petition pending in Sub-Court, Tambaram should be transferred to Sub-Court, Theni due to petitioner's residence and inability to attend hearings elsewhere.
1 provisions across 1 enactments
Vanitha
T.Logarajan
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
