The Court transferred a civil miscellaneous proceeding from the Principal Family Court, Coimbatore, to the Sub Court, Coonoor, allowing the petitioner's claim of travel difficulty as the single ground for transfer without requiring proof of bad faith.
Transfer of H.M.O.P.No.1337 of 2016 from Principal Family Court, Coimbatore to Sub Court, Coonoor, Nilgris District.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
Transfer C.M.P.No.783 of 2019
S.Sujithra ...Petitioner vs. K.Sasidaran ...Respondent
Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.1337 of 2016 from the file of the Principal Family Court, Coimbatore and transfer the same to the file of the Sub Court, Coonoor, Nilgris District.
For Petitioner : Mr.K.S.Jeyaganeshan
For Respondent : No appearance
Petitioner has come up with this Petition seeking transfer of H.M.O.P.No.1337 of 2016 from the file of the Principal Family Court, Coimbatore to the file of the Sub Court, Coonoor, Nilgris District.
Sd/-
Assistant Registrar (CS-III)
//True Copy//
Sub Assistant Registrar
(aeb)
To :
1. The Principal Family Court Judge,
Principal Family Court,
Coimbatore.
2. The Sub Judge,
The Sub Court,
Coonoor, Nilgris District.
+1cc to Mr.K.S.Jayaganeshan, Advocate, S.R.No. 2412
Tr.C.M.P.No.783 of 2019
NR(CO)
GN(18/02/2020)
2 issues framed by the court
Whether the transfer of civil miscellaneous proceeding from Principal Family Court, Coimbatore to Sub Court, Coonoor, Nilgris District is justified.
Whether the court is satisfied with the bona fides of the transfer petition given the lack of opposition and the distance issue raised by the petitioner.
1 provisions across 1 enactments
S.Sujithra
K.Sasidaran
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
