M.Divya Dharsini v. K.Madhan
Case brief
What is this about?
This order dealt with a transfer petition seeking to move a divorce petition from the Family Court, Chennai to Theni due to distance and medical grounds. The Court transferred the case to the Family Court, Trichy instead and dispensed with personal appearances for subsequent hearings.
What did the court decide?
H.M.O.P.No.1210 of 2021 withdrawn from Additional Judge, Family Court, Chennai and transferred to Family Court, Trichy.
What the court decided
A compact analysis
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.C.M.P.(MD) No.216 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2021
CORAM: THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.(MD) No.216 of 2021 and C.M.P.(MD)No.4187 of 2021
M.Divya Dharsini ... Petitioner/Respondent
-vs-
K.Madhan ... 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.1210 of 2021 on the file of the Additional Judge, Family Court, Chennai and to transfer to the file of Family Court, Theni.
For Petitioner : Mr.M.A.M.Raja For Respondent : Mr.V.Balu
O R D E R
The present Transfer Civil Miscellaneous Petition is filed to withdraw the H.M.O.P.No.1210 of 2021 on the file of the Additional Judge, Family Court, Chennai and to transfer to the file of Family Court, Theni.
Issues for consideration
2 issues framed by the court
Whether the Family Court trial in a divorce case involving significant distance between residence and court could be transferred to a more convenient location.
Whether the medical condition of the husband and financial inability of the wife justified the transfer of the petition from Chennai to a different court.
Parties & counsel
- petitioner
M.Divya Dharsini
- respondent
K.Madhan
Coram
A.A.Nakkiran
Case details
As recorded by the court registry
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