The High Court transferred pending divorce proceedings from the Family Court at Perambalur to the Family Court at Villupuram in the interest of the wife's convenience, given the distance involved and her difficulty in traveling with her child.
Transfer of H.M.O.P.No.138 of 2022 from Family Court, Perambalur to Family Court, Villupuram.
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.291 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.07.2023
C O R A M
THE HONOURABLE MRS.JUSTICE BHAVANI SUBBAROYAN
TR C.M.P. No.291 of 2023 and C.M.P.No.6439 of 2023
Manjula
... Petitioner
Vs.
R.Sivagurunathan ... Respondent
PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908 to withdraw H.M.O.P.No.138 of 2022 pending on the file of the Family Court, Perambalur and transfer the same to the file of Family Court, Villupuram.
For Petitioner : Mr.P.Vasanth For Respondent : Mr.K.Balasubramaniam
O R D E R
This Transfer Civil Miscellaneous Petition has been filed by the
petitioner seeking to withdraw H.M.O.P.No.138 of 2022 pending on the file
of the Family Court, Perambalur and transfer the same to the file of Family
Court, Villupuram.
respondent on 11.09.2019 at Mangala Mahal, Perambalur as per Hindu
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Tr.C.M.P.No.291 of 2023
Rites and Customs and out of the wedlock, a female child was born on 06.07.2020. The respondent has filed a petition for divorce before the Family Court, Perambalur in H.M.O.P.No.138 of 2022, which is 102 kilometer away from her residence. As a lady, the petitioner finds it difficult to undertake long travel to Perambalur to attend the Court proceedings along with her baby. Hence the petitioner has filed this TR.C.M.P.No.291 of 2023.
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Tr.C.M.P.No.291 of 2023
the learned Family Court at Perambalur and transfer to the file of the Family Court, Villupuram.
No costs. Consequently, connected miscellaneous petition is closed.
21.07.2023
Index:Yes/No Internet:Yes/No Speaking Order/Non Speaking Order
jai
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Tr.C.M.P.No.291 of 2023
V.BHAVANI SUBBAROYAN, J. jai
To
1.The Family Court,Perambalur.
TR C.M.P. No.291 of 2023
21.07.2023
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1 issue framed by the court
Whether the transfer of the pending divorce proceedings from Family Court, Perambalur to Family Court, Villupuram can be allowed based on the convenience of the wife.
1 provisions across 1 enactments
Manjula
R. Sivagurunathan
Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
