Muthumari v. M.Babu
Case brief
What is this about?
The Hon'ble Court allowed an application under Section 24 CPC to withdraw a husband and wife proceeding pending in the Subordinate Court. Transfer order was passed to the Family Court citing fear due to physical assault and non-maintenance by the respondent.
What did the court decide?
Withdrawal of H.M.O.P. No.49 of 2020 from Subordinate Court and transfer to Family Court, Srivilliputhur.
What the court decided
Tr.C.M.P.(MD) No.357 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2021 CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P.(MD) No.357 of 2021 and C.M.P.(MD) No.7201 of 2021
Muthumari ... Petitioner -vsM.Babu ... Respondent Prayer :- Petition filed under Section 24 of Code of Civil Procedure, to withdraw the case in H.M.O.P.No.49 of 2020 pending on the file of the Subordinate Court, Muthukulathur, Ramanathapuram District and transfer the same to the file of Family Court, Srivilliputhur, Virudhunagar District.
For Petitioner : Mr.R.Prakash For Respondent : Mr.K.R.Laxman
ORDER
The above petition is filed by the petitioner/wife seeking to transfer H.M.O.P.No.49 of 2020 pending on the file of the Sub Court, Muthukulathur, to the file of the Family Court at Srivilliputur.
2.The petitioner/wife sought to have the proceedings transferred on account of the fact that the husband has physically assaulted her when she had gone to attend the hearing and from that time, she has fear. That apart, the respondent has also not been maintaining the petitioner.
3.In these circumstances and in the interest of justice H.M.O.P.No.49 of 2020 pending on the file of the Sub Court, Muthukulathur, Ramanathapuram District, is withdrawn and transferred to the file Family Court, Srivilliputur, Virudhunagar District. Considering the fact that it is mandatory for the parties to be present before the Family Court, the presence of the husband is dispensed with and his presence shall be insisted only at the time of adducing evidence.
Issues for consideration
2 issues framed by the court
Whether a matrimonial proceeding pending in a Subordinate Court can be transferred to the Family Court.
Whether the petitioner is entitled to withdraw the proceedings and seek transfer due to fear and non-maintenance.
Parties & counsel
- petitioner
Muthumari
- respondent
M. Babu
Coram
P.T. Asha
Case details
As recorded by the court registry
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