This order allowed a petition to transfer divorce proceedings from Sub Court, Tiruvarur to Family Court, Chennai, due to the petitioner's distance from the original court and mutual consent of parties.
Withdraw of Sub Court Tiruvarur file and transfer of H.M.O.P. No. 90 of 2022 to Family Court Chennai 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.No. 129 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2023
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
Tr.C.M.P. No. 129 of 2023 and C.M.P. No. 2711 of 2023
Kiruthika @ Vijayalakshmi
.. Petitioner
Versus
T.Viswanathan @ Viswanathasharma .. Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code to withdraw the H.M.O.P.No. 90 of 2022 pending on the file of the Sub Court, Tiruvarur and to transfer the same to the Sub Court, Ponneri, Thiruvallur District.
For Petitioner : Mr. P.Chinnadurai For Respondent : Mr.R.Sathishkumar
O R D E R
This Transfer Civil Miscellaneous Petition is filed to withdraw the
H.M.O.P.No. 90 of 2022 pending on the file of the Sub Court, Tiruvarur
Tr.CMP.No. 129 of 2023
and to transfer the same to the Sub Court, Ponneri, Thiruvallur District.
Tr.CMP.No. 129 of 2023
respondent/husband has no objection in transferring the case. He seeks a direction from this Court for early disposal of the case pending before the concerned Court.
the wife is relevant. At the time of hearing, both parties have agreed for transferring the case from the Sub Court, Tiruvarur to Family Court, Chennai. Based on the above submission and consent by both counsel, this Court is inclined to allow this petition as follows:-
Sub Court, Tiruvarur, is hereby withdrawn and transfer
the same to Family Court, Chennai. The Family Court, Chennai, is directed to commence the proceedings in H.M.O.P.No. 90 of 2022 filed by husband and dispose
of the same as expeditiously as possible.”
Tr.CMP.No. 129 of 2023
V.BHAVANI SUBBAROYAN, J.
mpa
Consequently, connected Miscellaneous Petition is closed.
26.07.2023
Index:Yes/No Speaking order : Yes/No Neutral Citation : Yes/No mpa To 1. The Sub Court, Tiruvarur. 2.The Family Court, Chennai.
Tr.CMP.No. 129 of 2023
Tr.C.M.P. No. 129 of 2023 and C.M.P. No. 2711 of 2023
1 issue framed by the court
Whether a Transfer Civil Miscellaneous Petition to transfer divorce proceedings for convenience and ease of parties should be allowed.
Kiruthika @ Vijayalakshmi
T.Viswanathan @ Viswanathasharma
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
