Thamarai v. Mahesh
Case brief
What is this about?
The Madurai Bench allowed a transfer petition under Section 24 CPC moving matrimonial proceedings from Sub Court, Aruppukottai to Sub Court, Sankarankoil. The court noted the petitioner's distance and childcare duties but found no undue hardship to the respondent.
What did the court decide?
Transfer of H.M.O.P.No.42 of 2015 from Sub Court, Aruppukottai to Sub Court, Sankarankoil allowed; records to be transmitted.
What the court decided
TR.C.M.P.(MD) No.81 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.01.2020
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN
TR.C.M.P.(MD) No.81 of 2018 and C.M.P(MD)No.1872 of 2018
Thamarai
... Petitioner
vs.
Mahesh ... Respondent
PRAYER : This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.42 of 2015 on the file of the Sub Court, Aruppukottai and to transfer the same to the Sub Court, Sankarankoil.
For Petitioner : Mr.V.Sasi Kumar For Respondent : Mr.G.Chandrasekar
Issues for consideration
3 issues framed by the court
Whether the transfer of matrimonial proceedings from Sub Court, Aruppukottai to Sub Court, Sankarankoil is warranted due to the petitioner's distance and childcare responsibilities.
Whether such transfer would cause undue hardship to the respondent.
Whether the plaint in H.M.O.P.No.42 of 2015 under Section 13(1)(i-a)/(i-b) Hindu Marriage Act be transferred to another court.
Parties & counsel
- petitioner
Thamarai
- respondent
Mahesh
Coram
R. Subramanian
Case details
As recorded by the court registry
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