Suganya v. T.Kabil
Case brief
What is this about?
The court allowed a Transfer Civil Miscellaneous Petition seeking to transfer a maintenance suit from the Sub Court, Lalgudi to the Subordinate Court, Thanjavur, solely on the grounds of the petitioner wife's convenience.
What did the court decide?
H.M.O.P.No.78 of 2019 is withdrawn from Sub Court, Lalgudi and transferred to Principal Subordinate Court, Thanjavur.
What the court decided
Tr.C.M.P(MD)No.20 of 2020
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.78 of 2019, on the file of the Sub Court, Lalgudi, Trichy District filed by the respondent here and the same may be transferred to the court of the Principal Subordinate Court, Thanjavur.
O R D E R
The petitioner/wife seeks transfer of H.M.O.P.No.78 of 2019, from the file of the Subordinate Court, Lalgudi to the Subordinate Court, Thanjavur.
2.Transfer is sought for solely on the ground of convenience. The wife is a resident of Kalyanapuram, Thiruvaiyaru Taluk, Thanjavur District.
- Despite service, the respondent is not appearing either in person or through counsel.
4.Though the distance between Lalgudi and Thanjavur is not much, considering the convenience of the wife, H.M.O.P.No.78 of 2019 is withdrawn from the file of the Sub Court, Lalgudi and transferred to the file of the Principal Subordinate Court, Thanjavur, to be tried in accordance with law. The Sub Court, Lalgudi is directed to transmit the papers to the Principal Sub Court, Thanjavur forthwith.
- Accordingly, this Transfer Civil Miscellaneous Petition is allowed. However, there will be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Issues for consideration
1 issue framed by the court
Whether a transfer petition filed on the ground of convenience should be allowed.
Parties & counsel
- petitioner
Wife
- respondent
Respondent
Case details
As recorded by the court registry
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