The High Court allowed the transfer civil miscellaneous petition under Section 24 CPC, transferring a divorce suit from Thiruvallur to Chennai due to the petitioner's residence, child care needs, and unemployment.
I.D.O.P.No.185 of 2020 transferred to the Principal Family Court, Chennai. Connected miscellaneous petition closed. No costs.
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 : 08.02.2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
Tr.C.M.P.No.542 of 2020
and
C.M.P.No.14318 & 14321 of 2020
Sharlin Annuntia
.. Petitioner/ I Respondent
vs.
1.Christopher ... Respondent/Petitioner
2.Rajesh ... II Respondent/Respondent
PRAYER : Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw I.D.O.P.No.185 of 2020 on the file of the Principal District Court, Thiruvallur and transfer the same to the Principal Family Judge, Chennai.
For Petitioner : Mr.P.B.Suresh Babu
For Respondent : Mr.K.Nagaraj for M/s.Majestic Law firm for R1 R2-Door locked
O R D E R
The petition is filed to transfer I.D.O.P.No.185 of 2020 from the Principal District Court, Thiruvallur to the Principal Family Court, Chennai.
2.The marriage between the petitioner and the respondent was solemnized on 31.08.2018 as per the Christianity Rites and Customs. Out of wedlock, a male child was born and presently, aged about 1 ½ years. The petitioner raised many allegations against the respondent and states that she is now living separately. The respondent filed I.D.O.P.No.185 of 2020 before the Principal District Court, Thiruvallur for dissolution of marriage. The petitioner states that she has to look after her 1 ½ year old child and now she is residing with her parents. Further, the first respondent is also residing at Chennai. Therefore, the case is to be transferred to Chennai enabling the petitioner to contest the case. The petitioner has already left job and now she is unemployed. Therefore, she cannot spend and contest the case.
Assistant Registrar
//True Copy//
Sub Assistant Registrar
ssb
To
1.The Principal District Judge, Thiruvallur. 2.The Judge, Principal Family Court, Chennai.
+1cc to Mr.Suresh Babu, Advocate, S.R.No. 6781
Tr.CMP.No.542 of 2020
MG(CO) GN(19/03/2021)
3 issues framed by the court
Whether I.D.O.P.No.185 of 2020 filed for dissolution of marriage by the husband at Thiruvallur should be transferred to Chennai for the convenience of the petitioner.
Whether the varied residence of the parties and the petitioner's employment status warrant a transfer under Section 24 CPC.
How to dispose of connected miscellaneous petition arising from the transfer application.
1 provisions across 1 enactments
Sharlin Annuntia
Christopher
Rajesh
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
