K.Vinothini v. v.Karthikeyan
Case brief
What is this about?
The single judge allowed a transfer petition under CPC Section 24 to move a divorce petition from Cuddalore to Vellore Family Court, citing distance, a school-going child, and safety concerns, while dispensing with personal appearance.
What did the court decide?
Withdrawal of H.M.O.P. No.455 of 2019 from Cuddalore and transfer to Family Court, Vellore, with proceedings via video conferencing and no personal appearance required for the respondent.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.10.2020
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
Tr. C.M.P. No.438 of 2020 and C.M.P. No.9372 of 2020 K.Vinothini ... Petitioner -vsV.Karthikeyan ... Respondent Prayer: Petition filed under Section 24 of C.P.C to withdraw the matrimonial petition bearing H.M.O.P. No.455 of 2019 pending on the file of the Principal Subordinate Court at Cuddalore and transfer the same to be heard, tried and adjudicated before the Family Court at Vellore.
For Petitioner : Mr.B.Christ Das For Respondent : Ms.K.Jenitha O R D E R
The Transfer C.M.P. has been filed by the petitioner to withdraw and transfer the H.M.O.P. No.455 of 2019 pending on the file of the Principal Subordinate Court at Cuddalore to the file of the Family Court, Vellore.
2.Learned counsel appearing for the petitioner would submit that after the marriage solemnised on 12.02.2014 as per the Hindu rights and customs, the petitioner and the respondent were blessed with a female child on 26.11.2014. Learned counsel appearing for the petitioner would further submit that due to some matrimonial disputes arose between themselves, the petitioner came to her parental home at Vellore. Thereafter, the respondent filed a petition in H.M.O.P. No.104 of 2018 before the Principal Subordinate Court at Cuddalore seeking divorce on the ground of cruelty under Section 13(1)(ia) of Hindu Marriages Act 1955. As the petitioner was facing great difficulty in travelling 150 kms. for each and every hearing from Vellore to
Issues for consideration
1 issue framed by the court
Whether the transfer petition to move the matrimonial petition from the Subordinate Court at Cuddalore to the Family Court at Vellore should be allowed.
Parties & counsel
- petitioner
K.Vinothini
- respondent
V.Karthikeyan
Coram
T.RAJA
Case details
As recorded by the court registry
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