K.Anitha, v. T.Vimalraj
Case brief
What is this about?
The Madurai Bench of the Madras High Court transferred IDOP No. 54 of 2020 (divorce) from the Principal District Court, Srivilliputur, to the Principal District Court, Madurai. The transfer was granted to enable the husband, who works in Chennai, to appear through counsel rather than personally at every hearing. The connected transfer petition was also disposed of.
What did the court decide?
IDOP No. 54 of 2020 pending in Principal District Court, Srivilliputur is withdrawn and transferred to Principal District Court, Madurai.
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.302 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2021 CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.CMP(MD).No.302 of 2020 in C.M.P(MD).No.6495 of 2020
K.Anitha ... Petitioner / Respondent
Vs.
T. Vimalraj ... Respondent / Petitioner
Prayer: Transfer CMP filed under Section 24 CPC filed to withdraw the case in IDOP.No. 54 of 2020 on the file of the Principal District Judge, Srivilliputur and transfer the same to the file of the Family Court, Madurai.
For petitioner : Mr. T. Thirumurgan For respondent : Mr. G. Mariappan
ORDER
The petitioner / wife seeks transfer of proceedings in IDOP.No. 54 of 2020 filed by the respondent / husband, on the file of the Principal District Judge, Srivilliputur, seeking Divorce, to the Family Court, Madurai. The transfer is sought for solely on the ground that the petitioner / wife is a resident of Madurai.
Issues for consideration
2 issues framed by the court
Whether a divorce proceeding filed by the husband can be transferred to enable him to appear through counsel instead of in person.
Whether the wife's residence constitutes sufficient ground for transferring the matrimonial case from the Principal District Court, Srivilliputur to Madurai.
Parties & counsel
- petitioner
K. Anitha
- respondent
T. Vimalraj
Coram
R. Subramanian
Case details
As recorded by the court registry
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