The Madras High Court transferred a divorce petition pending at the Family Court, Tirunelveli, to the Sub Court, Tenkasi, and directed joint disposal with another matrimonial petition pending there.
Transfer of H.M.O.P. No.65 of 2020 from Family Court, Tirunelveli to Sub Court, Tenkasi and joint disposal.
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.125 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :06.07.2021 CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.125 of 2021 and C.M.P(MD) No.2419 of 2021
Shanmuga Priya ... Petitioner
-vs-
Pradeep Kumar ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.65 of 2020 on the file of Family Court, Tirunelveli and transfer the same to Sub Court, Tenkasi and consequently direct the Sub Court, Tenkasi to try the case along with H.M.O.P.No.11/2021.
For Petitioner : Mr.A.Balakrishnan
For Respondent : Mr.T.Selvan
O R D E R
The present Transfer Civil Miscellaneous Petition is filed to withdraw the H.M.O.P.No.65 of 2020 on the file of Family Court, Tirunelveli and transfer the same to Sub Court, Tenkasi and consequently direct the Sub Court, Tenkasi to try the case along with H.M.O.P.No.11/2021.
2.The respondent/husband has filed HMOP.No.65 of 2020 before the Family Court, Tirunelveli, for divorce. The petitioner/wife has filed H.M.O.P.No.11 of 2021 before the Sub Court, Thenkasi, for restitution of conjugal right.
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Tr CMP (MD) No.125 of 2021
not maintainable. Hence, he has strongly opposed to transfer the case.
Assistant Registrar (CS II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
msa/cp
To: 1.The Judge, Family Court, Tirunelveli. 2.The Subordinate Judge, Thenkasi.
+1 CC to M/s.K.P.NARAYANAKUMAR, Advocate ( SR-21433[F] dated 07/07/2021 )
Order made in Tr.C.M.P.(MD) No.125 of 2021 and C.M.P(MD) No.2419 of 2021 Dated: 06.07.2021
KK(13.07.2021) 2P 4C
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1 issue framed by the court
Whether the High Court should transfer a divorce petition from Family Court, Tirunelveli to Sub Court, Tenkasi for joint disposal with another related petition.
1 provisions across 1 enactments
Shanmuga Priya
Pradeep Kumar
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
