Allowed

Anitha v. D.Baskaran

Madras HC6 Jan 2020TR CMP(MD)/513/2019

Case brief

AI extract

What is this about?

In a matrimonial dispute regarding divorce proceedings filed in Chennai, the wife sought transfer to a court in Tuticorin due to her residence there and health issues. The court observed that the husband's security concerns regarding the transfer were not sufficient to oppose it, noting that such proceedings do not typically require party presence for every hearing.

What did the court decide?

The Transfer Civil Miscellaneous Petition and connected petition are allowed. The proceedings are withdrawn from the Family Court, Chennai and transferred to the Subordinate Court, Tuticorin. No costs

Anitha Vs D.Baskaran — Matrimonial and Divorce | Madras HC (2020)

¶1

Tr.C.M.P(MD)No.513 of 2019

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2020

¶3

CORAM :

¶4

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P(MD)No.513 of 2019 and C.M.P.(MD) No.11834 of 2019

¶5

Anitha

¶6

... Petitioner/Respondent

¶7

Vs.

¶8

D.Baskaran ... Respondent/Petitioner

¶9

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw the O.P.No.4458 of 2019 on the file of the Family Court, Chennai and transfer the same to the file of the Family Court, Tirunelveli.

¶10

For Petitioner : Mr.H.Arumugam For Respondent : Mr.T.Antony Arulraj

¶11

J U D G M E N T

¶12

The wife, who is facing the proceedings for divource under Section 13(1)(i-a) and 13(1)(ii) of the Hindu Marriage Act before the Family Court, Chennai in O.P.No.4458 of 2019, has come up with this transfer civil miscellaneous petition seeking transfer of the said proceedings to the Family Court at Tirunelveli.

¶13

Admittedly, the wife is working as the Professor, Department of Physiology, Tuticorin Medical College, Tuticorin. She is a resident of Palayamkottai, Tirunelveli District. The husband is residing at Chennai. On the basis of the last residence, O.P has been filed at Chennai.

¶14

Claiming that it will be difficult for her to travel to Chennai for every hearing since she had taken treatment for hip arthritis, the petitioner seeks transfer to the file of the Family Court, Tirunelveli.

¶15

The said request is opposed by the respondent contending that he was assaulted at Chennai and going to the native place of the wife will pose threat to his security. He would also contend that the respondent/husband being a Doctor cannot travel from Chennai to Tirunelveli for every hearing to appear before the Family Court.

¶16

Considering the over all circumstances, I am of the https://hcservices.ecourts.gov.in/hcservices/ opinion that it will be in the interest of justice to transfer

¶17

1/2

¶18

Tr.C.M.P(MD)No.513 of 2019

¶19

H.M.O.P.No.4458 of 2019 pending on the file of the Family Court, Chennai to the file of the Subordinate Court, Tuticorin since the proceedings before the Subordinate Court do not require the presence of the parties for every hearing and both the parties would not be prejudiced by such transfer. Hence, this Transfer Civil Miscellaneous Petition is allowed. The proceedings in H.M.O.P.No.44458 of 2019 on the file of the Family Court, Chennai is withdrawn and transferred to the file of the Subordinate Court, Tuticorin, to be tried and disposed in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

¶20

¶21

To 1. The Family Court, Chennai

¶22

2.The Subordinate Court, Tuticorin

¶23

+2 CC to MR.T.ANTONY ARULRAJ, Advocate ( SR-359,887[F] dated 06/01/2020 )

¶24

+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-693[F] dated 08/01/2020 )

¶25

Tr.C.M.P(MD)No.513 of 2019 and C.M.P.(MD) No.11834 of 2019 06.01.2020

¶26

KM/(20.01.2020) 2P 6C

¶27

https://hcservices.ecourts.gov.in/hcservices/

¶28

2/2

Anitha v. D.Baskaran

Case brief

What is this about?

What did the court decide?

Anitha v. D.Baskaran

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Subramanian(Died) Vs Chellapandi

Kandasamy S/O.Karuppannan Vs Radhakrishnan

C.Panneer Selvam Vs Innasi (Died)

Thangamani Vs K.Muthusamy

M.Ilangovan Vs Tamilselvan

M.Lixumi Alias Lakshmi Vs a.Senthilpandiyarajan