The High Court of Madras transferred a divorce case from the Family Court, Tirunelveli, to the Family Court, Chennai, considering the petitioner's residence in Chennai and the significant distance commuting would entail.
Transfer of H.M.O.P. No. 453 of 2022 from Family Court, Tirunelveli to Family Court, Chennai.
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. 263 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2023
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
Tr.C.M.P. No. 263 of 2023 and C.M.P. No. 5812 of 2023
P. Jayapreethi .. Petitioner
Versus
G. Ilayabharathi
Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the H.M.O.P. No. 453 of 2022 pending on the file of the Family Court, Tirunelveli and to transfer the same to the Family Court, Chennai.
For Petitioner : Mr. R. Chandrasudan
O R D E R
This petition is filed to withdraw H.M.O.P. No.453 of 2022 from the file
of Family Court, Tirunelveli and to transfer the same to the Family Court,
Chennai. The petitioner is the wife. The marriage between the petitioner/wife
and respondent/husband was solemnized on 10.11.2019. The https://www.mhc.tn.gov.in/judis 1/4
Tr.CMP.No. 263 of 2023
respondent/husband filed a petition for divorce in H.M.O.P. No. 453 of 2022 on the file of Family Court, Tirunelveli under Section 13(1) (i-a) of the Hindu Marriage Act. It is stated by the learned counsel for the petitioner that the petitioner is not working anywhere and residing at Chennai-600 078, with her 3 year old child. Her aged parents are residing at Chennai.
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Tr.CMP.No. 263 of 2023
4.
Consequently, connected Miscellaneous Petition is closed.
12.07.2023
Index:Yes/No Speaking order : Yes/No Neutral Citation : Yes/No MSM
To
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Tr.CMP.No. 263 of 2023
V.BHAVANI SUBBAROYAN, J.
MSM
Tr. C.M.P. No. 263 of 2023
12.07.2023
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2 issues framed by the court
Whether a divorce petition pending in Tirunelveli should be transferred to Chennai due to the petitioner's residence and inability to commute from a distance of over 600 km.
Whether the convenience of the wife is a relevant factor when granting transfer in a divorce petition case.
2 provisions across 2 enactments
P. Jayapreethi
G. Ilayabharathi
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
