K.Gomathi v. G.Ganesh
Case brief
What is this about?
Transfer C.M.P. allowing withdrawal of H.M.O.P.No.54 of 2019 filed for divorce in Vaniyambadi and transferring it to Principal Family Court, Chennai. Court accepted balance of convenience due to petitioner's work location and distance.
What did the court decide?
H.M.O.P.No.54 of 2019 withdrew from Vaniyambadi and transferred to Principal Family Court, Chennai for disposal.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.11.2020
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
Tr.C.M.P.No.463 of 2020
K.Gomathi . . Petitioner/Respondent
G.Ganesh .. Respondent/Petitioner
Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.54 of 2019 on the file of Sub Court, Vaniyambadi and transfer the same to any other competent Principal Family Courts at Chennai.
Heard learned counsel for the petitioner through video conferencing due to the Covid-19 pandemic.
- This transfer civil miscellaneous petition has been filed by Mrs.K.Gomathi seeking an order to withdraw the H.M.O.P.No.54 of 2019 from the file of the Sub Court, Vamiyambadi and transfer the same to any one of the Family Courts at Chennai.
3. Having heard the learned counsel appearing for the petitioner, although notice was effected on the respondent, he has not chosen to represent his case. That shows that he has no objection for allowing the transfer civil miscellaneous petition. Secondly, after the solemnization of marriage on 24.1.2007 between the parties at Om Sakthi Thirumana Mandapam, S.K.Road, Ambur, as per the Hindu rites and customs, they were blessed with a female child on 8.11.2007 by name G.Sai Ramya, who is now studying in VIII standard at Godson Public School at Chennai and she is also under the care and custody of the petitioner. Thirdly, the petitioner is working as a delivery woman in the Postal Department in Chennai, therefore, it will be
Issues for consideration
1 issue framed by the court
Whether a transfer civil miscellaneous petition to withdraw a main divorce petition from Vaniyambadi and transfer it to Chennai Family Court is allowed.
Parties & counsel
- petitioner
K.Gomathi
- respondent
G.Ganesh
Coram
T.RAJA
Case details
As recorded by the court registry
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