Petitioner prayed for transfer of matrimonial H.M.O.P. from Sivakasi to Thanjavur citing safety threats and distance. Court noted respondent's employment in Sivakasi but transferred proceedings to Family Court, Trichy instead.
H.M.O.P. No.62 of 2020 transferred from Subordinate Court, Sivakasi to Family Court, Trichy.
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.
Tr CMP (MD) No. 123 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :23.06.2021 CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.123 of 2021 and C.M.P(MD)No.2412 of 2021
Poornima ... Petitioner/Respondent
-vs-
Dinesh Babu
... Respondent/Petitioner
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.62 of 2020 on the file of the learned Sub Court, Sivakasi and transfer the same to the file of the learned Family Court, Thanjavur.
For Petitioner : Mr.M.P.Senthil For Respondent : Mr.T.C.S.Thillainayagam
O R D E R
The present Transfer Civil Miscellaneous Petition is filed to withdraw the H.M.O.P.No.62 of 2020 on the file of the learned Sub Court, Sivakasi and transfer the same to the file of the learned Family Court, Thanjavur.
2.The respondent/husband has filed H.M.O.P.No.62 of 2020 before the Subordinate Court, Sivakasi, for dissolution of marriage.
3.The learned counsel for the petitioner/wife submitted that the petitioner is residing along with her age old parent in Thanjavur. He would further submit that due to the threat of the respondent, the petitioner was not able to go to work at Sivakasi and therefore, she applied for transfer of the case from Sivakasi to Thanjavur. The distance between Sivakasi to Thanjavur is 285 kms. In such circumstances, it is difficult for the petitioner to travel from Thanjavur to Sivakasi. Hence, the petitioner prays for transfer of H.M.O.P.No.62 of 2020 from the file of the Subordinate Court, Sivakasi to the file of Family Court, Thanjavur.
1/2
Tr CMP (MD) No. 123 of 2021
Sd/-
Assistant Registrar (CSII)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
msa
To:
2.The Judge, Family Court, Trichy.
+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-20111[F] dated 24/06/2021 )
KB(30.06.2021) 2P 4C
2/2
1 issue framed by the court
Whether the H.M.O.P. No.62 of 2020 filed by the respondent in Sivakasi should be transferred to the Family Court, Thanjavur due to safety and distance constraints?
1 provisions across 1 enactments
Poornima
Dinesh Babu
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
