The Madras High Court granted a transfer application to move a divorce suit from the Principal Sub Court at Tenkasi to the Sub Court at Kovilpatti due to the wife's residence and alleged mental disorder. No order as to costs was passed.
Transfer of H.M.O.P.No.49 of 2020 from Principal Sub Court, Tenkasi to Sub Court, Kovilpatti.
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.255 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.01.2021
CORAM
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
Tr.C.M.P(MD)No.255 of 2020 and C.M.P(MD) No.5690 of 2020
Ankala Eswari alias Rajeshwari ... Petitioner/Respondent
-Vs-
Rajkannan ... Respondent /Petitioner
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the case in H.M.O.P.No.49 of 2020, on the file of Principal Sub Court, Tenkasi and transfer the same to the Sub Court, Kovilpatti.
O R D E R
The petitioner/wife, seeks transfer of H.M.O.P.No.49 of 2020 filed by the husband, seeking divorce under Section 13(1)(i-a) of Hindu Marriage Act, from the file of the Principal Sub Court, Tenkasi to Sub Court, Kovilpatti.
Sd/-
Assistant Registrar(Records)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
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Tr.C.M.P(MD)No.255 of 2020
vrn
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/ litigant concerned.
To
1.The Principal Subordinate Judge, Tenkasi
2.The Subordinate Judge, Kovilpatti
3.The Record Keeper, V.R.Section,
Madurai Bench of Madras High Court, Madurai.(2 copies)
+1 CC to M/s.S,PON SENTHIL KUMARAN, Advocate ( SR-518[F] dated 07/01/2021 )
+1 CC to M/s.D.SRINIVSA RAGAVAN, Advocate ( SR-519[F] dated 07/01/2021 )
Tr.C.M.P(MD)No.255 of 2020 and C.M.P(MD) No.5690 of 2020 06.01.2021
kum(CO) TR(20.01.2021) 2P 7C
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1 issue framed by the court
Whether the file of a divorce suit filed in Principal Sub Court Tenkasi should be transferred to Sub Court Kovilpatti based on convenience.
2 provisions across 2 enactments
Ankala Eswari alias Rajeshwari
Rajkannan
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
