The court allowed a transfer petition to move a divorce case from Sub Court, Vedasanthur, to Principal Sub Court, Trichy, citing the petitioner's distance and lack of income as valid grounds. The respondent did not appear.
The divorce petition was withdrawn from Sub Court, Vedasandhur and transferred to the Principal Sub Court, Trichy for disposal on merits.
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. 191 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.191 of 2021 and C.M.P.(MD)No.3696 of 2021
P.Saranya
... Petitioner/Respondent
-vs-
R.Rameshkumar
... Respondent/Petitioner
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the divorce petition in H.M.O.P.No.63 of 2020 from the file of Sub Court, Vedasanthur and transfer the same to the file of Principal Sub Court, Trichy.
For Petitioner : Mr.R.Sundar
For Respondent : No appearance
O R D E R
The present Transfer Civil Miscellaneous Petition is filed to withdraw the divorce petition in H.M.O.P.No.63 of 2020 from the file of Sub Court, Vedasanthur and transfer the same to the file of Principal Sub Court, Trichy.
2.The respondent/ husband has filed H.M.O.P.No.63 of 2020 before the Sub Court, Vedasanthur, for divorce.
3.The learned counsel for the petitioner submitted that the petitioner is having one female child, who is aged about 7 years and she is living with her parents at Trichy and she is not having any other income. The distance between Trichy to Vedasandhur is 100 kms. In such circumstances, without any financial aid, it is very difficult for the petitioner to travel from Trichy to Vedasandhur for attending every hearing in H.M.O.P.No.63 of 2020 on the file of the Sub Court, Vedasanthur.
4.Though the name of the respondent is printed in the cause list, the respondent has not chosen to appear either in person or through counsel duly instructed.
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Tr CMP (MD) No. 191 of 2021
Assistant Registrar(CS-III)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
msa/cp
To:
Order made in Tr.C.M.P.(MD) No.191 of 2021 and C.M.P.(MD)No.3696 of 2021 Dated: 17.06.2021
na(CO) TR(24.06.2021) 2P 3C
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2 issues framed by the court
Whether to transfer the divorce petition from Sub Court Vedasandhur to Principal Sub Court Trichy based on the petitioner's reasons.
Whether the petitioner's inability to travel for hearings justifies the transfer.
1 provisions across 1 enactments
P.Saranya
R.Rameshkumar
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
