The High Court at Madras transferred a pending divorce case from the Principal Sub Court, Mayiladuthurai to the Family Court, Nagapattinam for joint trial along with a restitution of conjugal rights case, allowing the transfer petition.
H.M.O.P. No. 1 of 2023 transferred from Principal Sub Court, Mayiladuthurai to Family Court, Nagapattinam for joint trial.
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.CRP No.177 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2023
CORAM :
THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI
Tr.C.M.P. No. 177 of 2023 and C.M.P.No. 3969 of 2023
T.Aruna ... Petitioner
Versus
K. Harikrishnan ...Respondent
Transfer Civil Miscellaneous Petition filed Under Section 24 of Civil Procedure Code, praying to withdraw the H.M.O.P.No. 1 of 2023 on the file of the Principal Sub Court, Myladudurai and transfer the same to the file of Principal Sub Court, Nagapattinam and try the same along with H.M.O.P.SR.No. 12 of 2023 on the file of Family Court, at Nagapattinam for restitution of conjugal rights filed by the petitioner.
For Petitioner : Mr. K.J.Sivakumar For Respondents : Mr. B.Jawahar
O R D E R
The petitioner/wife seeks transfer of H.M.O.P.No.1 of 2023 pending on
the file of the Principal Sub Court, Myladudurai to the Principal Sub Court, Nagapattinam. The petitioner /wife seeks transfer of the proceedings before
the Family Court, Nagapattinam on the ground that she is living at https://www.mhc.tn.gov.in/judis
1\4
Tr.CRP No.177 of 2023
Nagapattinam in her parental home with her child and she is not able to attend
the Court hearings by travelling 90 kms from Myladudurai to Nagapattinam.
between the respondent and the petitioner was solemnized on 15.05.2016 as per Hindu rites and customs. Due to misunderstanding the respondent had filed a H.M.O.P.No.1 of 2023 for divorce, which is pending on the file of the Principal Sub Court, Mayiladuthurai. The petitioner has filed H.M.O.P.(SR).No.12 of 2023 for restitution of conjugal rights on the file of the
Family Court, Nagapattinam. Now the petitioner is residing at Nagapattinam with her child in her parental home without any source of income. Hence, she prays to transfer the HMOP.No.1 of 2023 to the Principal Sub Court, Nagapattinam.
2\4
Tr.CRP No.177 of 2023
of the Principal Sub Court, Mayiladuthurai and transferred to the file of the Family Court, Nagapattinam. The learned Principal Sub Judge, Mayiladuthurai is directed to send entire records to the learned Family Judge, Nagapattinam, within a period of two weeks from the date of receipt of a copy of this order, for joint trial along with H.M.O.P.(SR).No.12 of 2023.
costs. Consequently, connected miscellaneous petition is closed.
22.12.2023
Index : Yes/No Speaking/Non Speaking order Neutral Citation:Yes/No
rri
3\4
Tr.CRP No.177 of 2023
T.V.THAMILSELVI, J.
rri
To
Tr. C.M.P. No. 177 of 2023 and C.M.P.No. 3969 of 2023
22.12.2023
4\4
1 issue framed by the court
Whether the pending divorce proceedings before the Principal Sub Court, Mayiladuthurai should be transferred to the Family Court, Nagapattinam for joint trial.
1 provisions across 1 enactments
T. Aruna
K. Harikrishnan
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
