K.Abinaya v. R.Karthi
Case brief
What is this about?
Petitioner sought transfer of divorce proceedings from Family Court, Madurai to Sub Court, Kangeyam under Section 24 CPC to serve residency convenience. Court noted respondent refused service and family court required frequent presence. Recognizing that Sub Court hearing attendance is different, transfer was granted to meet ends of justice.
What did the court decide?
HMOP.No.182 of 2020 withdrawn from Family Court, Madurai and transferred to Sub Court, Kangeyam for disposal.
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.CMP(MD).No.217 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2021 CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
TR.CMP(MD).No.217 of 2020 and CMP(MD).No.4824 of 2020
K. Abinaya ... Petitioner/Respondent
Vs.
R. Karthi
... Respondent/Petitioner
Prayer: Transfer CMP filed under Section 24 CPC to withdraw HMOP.No.182 of 2020 on the file of the Family Court, Madurai and transfer the same to the file of Sub Court, Kankeyam.
For petitioner : Mr.R. Ramasamy
For respondent : No appearance
ORDER
Issues for consideration
2 issues framed by the court
Whether the trial under Section 13(1)(i-a) Hindu Marriage Act should be transferred from Family Court to Sub Court for convenience considering residential facts and hearing procedures.
Whether transfer of proceeding to Sub Court meets the ends of justice given the respondent's refusal to serve and differing attendance requirements.
Parties & counsel
- petitioner
K. Abinaya
- respondent
R. Karthi
Coram
R. Subramanian
Case details
As recorded by the court registry
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