Petitioner sought transfer of pending divorce proceedings from Sub Court, Karur to Family Court, Pondicherry under Section 24 C.P.C. Court allowed transfer considering distance and respondent's absence.
Transfer of H.M.O.P. No.26 of 2018 from Sub Court, Karur to Family Court, Pondicherry ordered.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.11.2020
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
Tr.C.M.P. No.484 of 2020 and C.M.P. No.11914 of 2020
S.Ezheely @ Sreepriya
-vs-
M.Saminathan ... Respondent
Prayer: Petition filed under Section 24 of C.P.C. to withdraw the H.M.O.P. No.26 of 2018 pending on the file of Sub Court, Karur and transfer the same to the Family Court, Pondicherry.
For Petitioner : Mr.K.C.Karl Marx For Respondent : No appearance
O R D E R
S.Ezheely @ Sreepriya, the petitioner herein has filed this petition for transfer of H.M.O.P. No.26 of 2018 pending on the file of the Sub Court, Karur to the file of the Family Court, Pondicherry.
2.Learned counsel appearing for the petitioner would submit that after the marriage solemnized on 31.03.1997 between the petitioner and the respondent, they were blessed with a male child namely Pradeesh on 18.12.1997. After one year from the date of marriage, they shifted to Pondicherry where the respondent started his finance business. Thereafter, they went back to Karur in order to take care of the respondent's mother, who was suffering from Cancer and that the respondent used to often visit to Pondicherry for his business purposes. In the meanwhile, the petitioner came to know that the respondent has developed illicit intimacy with one Devi and married her at Thirupathi during the subsistence of their marriage. Since she suffered even for her basic needs in the marital home, she filed D.V.C. No.15 of 2017 before the learned Judicial Magistrate No.II, Karur seeking maintenance and other reliefs and the learned Judicial Magistrate No.II, Karur, by order dated 07.04.2018 in Crl.M.P. No.56 of 2018 in the above D.V.C. No.15 of 2017 has directed the respondent to pay Rs.10,000/- towards monthly maintenance and Rs.5,000/- towards annual educational expenses. Subsequently, the respondent has filed a petition in H.M.O.P. No.26 of 2018 before the Sub Court, Karur for divorce with false averments and allegations against the petitioner.
Learned counsel appearing for the petitioner further submitted that since the distance between Pondicherry and Karur is more than 300 kms., it will be highly difficult for the petitioner to undertake such a long journey.
Sub Assistant Registrar
vga To 1.The Subordinate Judge, Karur. 2.The Judge, Family Court, Pondicherry.
+1cc to Mr.Karl Marx K.C. Advocate, S.R.No. 37902
Tr.C.M.P. No.484 of 2020 and C.M.P. No.11914 of 2020 GP(CO) GN(11/12/2020)
1 issue framed by the court
Whether the petition for transfer of matrimonial proceedings under Section 24 of C.P.C. should be allowed due to distance and practical difficulties.
1 provisions across 1 enactments
S.Ezheely @ Sreepriya
M.Saminathan
T.RAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
