The High Court allowed a transfer petition seeking to withdraw a maintenance dispute from Chennai Family Court to Sub Court, Thiruthani. The court designated the matter for mediation and directed the transfer of records without costs.
Petition allowed; HMOP 2668 of 2021 transferred from Chennai to Thiruthani; parties directed to mediation.
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.
Transfer C.M.P.No.198 of 2022 and C.M.P.No.4056 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.10.2022
CORAM
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
Tr.C.M.P.No.198 of 2022
and
C.M.P.No.4056 of 2022
P.Dhanalakshmi
...Petitioner
Vs.
T.Arawind ... Respondent
Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of CPC to withdraw the HMOP No.2668 of 2021 pending on the file of VI Additional Family Court, Chennai and transfer the same to Sub Court, Thiruthani.
For Petitioner : Mr.B.Jawahar For Respondent : Ms.R.Sathyabama
ORDER
The present petition is filed seeking to withdraw HMOP
No.2668 of 2021 pending on the file of VI Additional Family Court,
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Transfer C.M.P.No.198 of 2022 and C.M.P.No.4056 of 2022
Chennai and transfer the same to Sub Court, Thiruthani.
3.The learned counsel appearing for the respondent did not raise any serious objectio n in transferring the petition in HMOP No.2668 of 2021 pending on the file of VI Additional Family Court, Chennai to the Sub Court, Thiruthani. However, she contended that the matter may be referred to Mediation and Conciliation Centre attached to Sub Court, Thiruthani and the learned counsel appearing for the revision petitioner agreed for this. Both the parties are directed to appear before the Mediation and Conciliation Centre / Lok Adalath whichever is available at
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Transfer C.M.P.No.198 of 2022 and C.M.P.No.4056 of 2022
Thiruthani.
4.Considering the submissions made by the learned counsels on
both sides, HMOP No.2668 of 2021 is withdrawn from the file of VI Additional Family Court, Chennai and transferred to the file of Sub Court, Thiruthani . The learned VI Additional Family J udge, Chennai is directed to send all the records to the Sub Court, Thiruthani with immediate effect. The Sub Court, Thiruthani, is further directed to send the parties to Mediation and Conciliation Centre.
5.With the above directions, the Transfer Civil Miscellaneous
Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.
11.10.2022
Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl
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Transfer C.M.P.No.198 of 2022 and C.M.P.No.4056 of 2022
R. HEMALATHA, J.
mtl
To
1.The VI Additional Family Court, Chennai.
Tr.C.M.P.No.198 of 2022 and C.M.P.No.4056 of 2022
11.10.2022
Page 4 of 4
1 issue framed by the court
Whether the High Court should allow the transfer of a maintenance petition from VI Additional Family Court, Chennai to Sub Court, Thiruthani.
2 provisions across 2 enactments
P. Dhanalakshmi
T. Arawind
R. HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
