T.Shamini v. Tamilarasan
Case brief
What is this about?
This court allowed a transfer petition to move a family matter from Coimbatore to Chennai, noting the petitioner's difficulty in attending hearings remotely. The bench directed the new court to conclude the trial within 45 working days.
What did the court decide?
H.M.O.P. No.1645 of 2019 transferred to VI Additional Family Court, Chennai for trial with 45-day direction.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.02.2020 CORAM: THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.30 of 2020 and C.M.P. No.772 of 2020
T.Shamini
vs.
Tamilarasan
...Respondent
Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw H.M.O.P. No.1645 of 2019 pending on the file of Principal Family Court, Coimbatore and transfer the same to the file of VI Additional Family Court, Chennai.
The Petitioner, who is presently residing at Chennai, has come up with this Petition seeking transfer of H.M.O.P. No.1645 of 2019 pending on the file of the Principal Family Court, Coimbatore to the file of VI Additional Family Court, Chennai, for trial.
- According to the Petitioner, it would be very difficult for her to attend the hearings in H.M.O.P.No.1645 of 2019 at Coimbatore, as the respondent being influential and a native of Coimbatore, has very high level contacts and he will go to any extent to make the petitioner accept to all his illegal and unlawful demands.
- Heard the learned counsel for the Petitioner. None appears on behalf of the Respondent in spite of his name printed in the cause list, after service.
Issues for consideration
1 issue framed by the court
Whether a transfer petition filed under Section 24 of CPC deserves to be allowed when no evidence of malafides exists.
Parties & counsel
- petitioner
T. Shamini
- respondent
Tamilarasan
Coram
S Vaidyanathan
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court