Allowed

D.J.Joe Amala Christy v. R.Franklin Lessly

Madras HC2 Dec 2021TR CMP/585/2021

Case brief

AI extract

What is this about?

The Court granted transfer of IDOP No. 3313 of 2021 from the Family Court, Chennai to the Principal District Court, Kanniyakumari at Nagercoil, balancing the petitioner's convenience against the respondent's inconvenience.

What did the court decide?

IDOP No. 3313 of 2021 transferred from VI Additional Family Court, Chennai to Principal District Court, Kanniyakumari at Nagercoil. Transfer Civil Miscellaneous Petition disposed of.

D.J.Joe Amala Christy Vs R.Franklin Lessly — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.12.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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TR CMP No.585 of 2021

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D.J.Joe Amala Christy ...Petitioner Vs

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R.Franklin Lessly ...Respondent

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Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw and transfer of the IDOP No.3313 of 2021 on the file of the Family Court, Chennai to the Family Court, Nagercoil.

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For Petitioner : Mr.N.Nithianandam

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For Respondent : No appearance

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O R D E R

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Since the counsel for the respondent was absent on 30.11.2021, the matter was directed to be posted today. Even today, the counsel for the respondent absent.

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The petitioner/wife seeks transfer of proceedings in IDOP No.3313 of 2021 from the file of the Family Court, Chennai to the Family Court, Nagercoil.

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The transfer is sought for solely on the ground of convenience of the wife who is a resident of Melaramanputhur, Nagercoil in Kanniyakumari District. The husband is shown to be a resident of Chennai City. No doubt, the conduct of proceedings in the Family Court, Chennai would cause considerable hardship to the wife. The convenience of the husband is also to be taken into account. If the proceedings are transferred to the Family Court, Nagarcoil, it will cause considerable inconvenience to him.

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Considering the above, I am of the opinion that the IDOP could be transferred to the Principal District Court, Kanniyakumari at Nagercoil which will mitigate difficulties that would be caused to the husband because of the transfer. In view

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

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of the above, IDOP No.3313 of 2021 is withdrawn from the file of the VI Additional Family Court, Chennai and transferred to the Principal District Court, Kanniyakumari at Nagercoil to be tried and disposed of in accordance with law. The Transfer Civil Miscellaneous Petition is disposed of as above. No costs.

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Sd/Assistant Registrar(CS-IX)

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//True Copy//

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Sub Assistant Registrar

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vum

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The Judge, The VI Additional Family Court, Chennai.

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The Principal District Court, Kanniyakumari at Nagercoil.

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+1cc to M/s.Nithianandam, Advocate, S.R.No.63048

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TR CMP No.585 of 2021

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KG(CO) RGA(14/12/2021)

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

D.J.Joe Amala Christy v. R.Franklin Lessly

Case brief

What is this about?

What did the court decide?

D.J.Joe Amala Christy v. R.Franklin Lessly

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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