The court allowed a transfer petition filed by a wife seeking to transfer a restitution of conjugal rights case from the Sub Court, Tiruchengode, to the Sub Court, Athur, citing the wife's convenience in attending court.
H.M.O.P.No.1 of 2022 pending before the Sub Court, Tiruchengode, is transferred to the Sub Court, Athur.
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.C.M.P.No.141 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2023
CORAM:
THE HONOURABLE Dr. JUSTICE D. NAGARJUN
TR.C.M.P.No.141 of 2023 and C.M.P.No.3037 of 2023
N.Sangeetha ... Petitioner
Vs.
N.Viswanathan ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw and transfer the H.M.O.P.No.1 of 2022 pending on the file of the Sub Court, Tiruchengode, Namakkal District to the Sub Court, Attur, Salem District.
For Petitioner : M/s.L.Rajendran
For Respondent : Mr.S.Viswanathan
for M/s. Dass and Viswa Associates
O R D E R
This Transfer Civil Miscellaneous Petition is filed by the wife seeking withdrawal of H.M.O.P.No.1 of 2022 on the file of the learned Sub-Court, Tiruchengode, Namakkal District and transfer the same to the file of the learned Sub-Court, Attur, Salem District.
https://www.mhc.tn.gov.in/judis __________
Page 1 of 4
Tr.C.M.P.No.141 of 2023
for the respondent and perused the materials available on record.
between the petitioner and the respondent has taken place at Attur District, on 08.03.2017 and out of their wedlock, a female child was born on 05.06.2018. After that the respondent started harassing the petitioner every day by consuming alcohol and the matter was taken to the police and the dispute between the parties could not be settled, therefore, the petitioner was sent out of the house, petitioner and her daughter are residing in Athur, along with her parents. It is submitted by the learned counsel for the petitioner that the petitioner is financially not sound, there is nobody to take care and help the petitioner to handle the child when she attends the Court. Therefore, the petitioner has sought for transferring of H.M.O.P.No.1 of 2022 to the Sub-Court, Attur, Salem District from the file of the Sub Court, Tiruchengode, Namakkal District.
https://www.mhc.tn.gov.in/judis ________Page 2 of 4
________Page 2 of 4
Tr.C.M.P.No.141 of 2023
20.06.2023
Index: Yes/ No Speaking Order / Non-Speaking Order
jai
https://www.mhc.tn.gov.in/judis ________Page 3 of 4
________Page 3 of 4
Tr.C.M.P.No.141 of 2023
Dr. D. NAGARJUN, J.
jai
To
TR.CMP.No.141 of 2023
20.06.2023
https://www.mhc.tn.gov.in/judis _________ Page 4 of 4_
N. Sangeetha
N. Viswanathan
D. Nagarjun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
