The Madurai Bench of the Madras High Court allowed a transfer petition filed by a wife to move a matrimonial suit from the Family Court, Erode, to the Family Court, Tirunelveli, or the Additional Subordinate Court, Tirunelveli, citing convenience.
Transfer of O.S.No.15 of 2019 from Family Court, Erode to Additional Subordinate Court, Tirunelveli.
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. 35 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 05.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Tr.C.M.P.(MD) No.35 of 2021 and C.M.P(MD)No.650 of 2021
Fathima Femina ... Petitioner/Defendant
-Vs-
Azarudeen ... Respondent/Plaintiff
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw the case in O.S.No.15 of 2019 on the file of the Family Court, Erode and to transfer the said case to the file of the Family Court, Tirunelveli.
For Petitioner : Mr.C.Vakeeswaran For Respondent : No appearance
O R D E R
Despite service, the respondent is not appearing in person or through counsel duly instructed.
Assistant Registrar ()
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
CM
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Tr.C.M.P.(MD) No. 35 of 2021
To:
1.The Judge, Family Court, Erode.
2.The Judge, Family Court, Tirunelveli.
4.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2-copies)
+1 CC to Mr.C.VAKEESWARAN, Advocate ( SR-9310[F] dated 05/03/2021 )
Order made in Tr.C.M.P.(MD) No. 35 of 2021 and C.M.P(MD)No. 650 of 2021 05.03.2021
TP(CO) SRS (18/03/2021) 2P : 7C
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2 issues framed by the court
Whether a transfer of matrimonial suit between Family Courts can be granted on convenience.
Whether the impugned order allowing transfer under Section 24 CPC can be sustained.
1 provisions across 1 enactments
Fathima Femina
Azarudeen
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
