Petitioner wife sought transfer of her husband's divorce case from Theni to Madurai due to distance and financial inability to travel. Respondent consented. The Court allowed the petition and transferred the case.
Order issued to withdraw H.M.O.P.No.64 of 2019 from Sub Court Theni and transfer it to Sub Court Madurai for expeditious disposal.
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. 36 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.(MD) No.36 of 2020 and C.M.P.(MD)No.660 of 2020
R.M.Vidya ... Petitioner
-vs-
Sivasakthivel ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to pass an order to withdraw the case in H.M.O.P.No.64 of 2019 on the file of the learned Subordinate Court, Theni and transfer the same to the file of the learned Subordinate Court, Madurai.
For Petitioner : Mr.M.Natarajan For Respondent : Mr.P.Gokulnath
O R D E R
The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in H.M.O.P.No.64 of 2019 on the file of the Sub Court, Theni and transfer the same to the file of the Sub Court, Madurai.
2.The learned counsel for the petitioner/wife submits that the respondent/husband has filed H.M.O.P.No.64 of 2019 before the Subordinate Court, Theni for dissolution of marriage. It is further submitted that the petitioner is working at Bangalore and her child is at Karaikudi with her parents. In such circumstances, the petitioner is physically and financially incapable of travelling to Theni for attending every hearing in H.M.O.P.No.64 of 2019 on the file of the Sub Court, Theni.
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Tr CMP (MD) No. 36 of 2020
Theni, is directed to transmit the papers to the Sub Court, Madurai, forthwith. The Subordinate Judge, Madurai is directed to dispose H.M.O.P.No.64 of 2019 as expeditiously as possible.
Sd/-
Assistant Registrar (RTI ACT)
// True Copy //
Sub Assistant Registrar(CS )
MSA/CM
To:
1CC TO MR. M.NATARAJAN, ADVOCATE SR 16062
GS 04/05/2021 2P/4C
Order made in Tr.C.M.P.(MD) No.36 of 2020 and C.M.P.(MD)No.660 of 2020 Dated: 09.04.2021
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1 issue framed by the court
Whether the primary civil case filed for dissolution of marriage in Theni needs to be transferred to Madurai for convenience of the wife.
1 provisions across 1 enactments
R.M.Vidya
Sivasakthivel
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
