The petitioner sought transfer of a divorce petition from the Sub Court, Palani Camp Court to the Family Court, Coimbatore. The Court allowed the petition, ordering withdrawal from the original court and transmission of the file to the Family Court for disposal.
Transfer of HMOP. No.237 of 2019 from Sub Court, Palani Camp Court to Family Court, Coimbatore.
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Tr CMP (MD) No. 85 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2021 CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.85 of 2021 and C.M.P.(MD)No.1771 of 2021
Divya@Manju ... Petitioner/Respondent
-vs-
Jeyakumar ... Respondent/Petitioner
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the HMOP.No.237 of 2019 on the file of the Sub Court, Palani Camp Court, Kodaikanal to the Family Court, Coimbatore.
For Petitioner : Mr.V.Selvakumar
For Respondent : Ms.Logapriya For Mr.S.J.Chakkaravarthy
O R D E R
The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP.No.237 of 2019 on the file of the Sub Court, Palani Camp Court, Kodaikanal and transfer the same to the file of the Family Court, Coimbatore.
2.The learned counsel for the petitioner/wife submits that the respondent/husband has filed HMOP.No.237 of 2019 before the Sub Court, Palani Camp Court, Kodaikanal for divorce. It is further submitted that the petitioner is residing at Sowripalayam, Coimbatore Taluk, Coimbatore District with her aged parents along with 3 months old baby. In such circumstances, it is difficult for the petitioner to travel from Coimbatore to Kodaikanal for attending every hearing in H.M.O.P.No.237 of 2019 on the file of the Sub Court, Palani Camp Court, Kodaikanal.
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Tr CMP (MD) No. 85 of 2021
Court is not inclined to transfer the case to the Subordinate Court.
7.In fine, this petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
MSA/CM
To:
+1 CC to M/s.S.J.CHAKKARAVARTHY, Advocate ( SR-16108[F] dated 16/04/2021 )
Order made in Tr.C.M.P.(MD) No.85 of 2021
and
C.M.P.(MD)No.1771 of 2021 Dated: 15.04.2021
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1 issue framed by the court
Whether the file of the divorce petition pending before the Sub Court, Palani Camp Court, Kodaikanal may be transferred to the Family Court, Coimbatore for ease of litigation.
1 provisions across 1 enactments
Divya@Manju
Jeyakumar
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
