A wife sought to transfer an ongoing divorce case from Namakkal to Erode Family Court due to convenience and inability to attend hearings. The Court quashed the transfer petition.
Ordering the withdrawal of F.C.O.P.No.6 of 2023 from Family Court, Namakkal and transfer to Family Court, Erode.
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.294 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2023
CORAM:
THE HON'BLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN
Tr.C.M.P.No.294 of 2023 & C.M.P.No.6519 of 2023
M.Bhuvaneshwari
... Petitioner
Vs.
P.Muthukumar
... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., to withdraw F.C.O.P.No.6 of 2023 from the file of Family Court, Namakkal and transfer the same to the Family Court, Erode.
For Petitioner : Mr.Thenmozhi. R.
For Respondent : Mr.K.V.Gowri Shankar
O R D E R
The present petition has been filed to withdraw F.C.O.P.No.6 of 2023 from the file of Family Court, Namakkal and transfer the same to the Family Court, Erode.
the husband and their marriage was soleminised as per Hindu Rites and
Customs on 10.03.2019. Thereafter, the petitioner and the respondent
1/4
Tr.C.M.P.No.294 of 2023
were residing at the respondent's residence. On account of a matrimonial dispute, the respondent / husband has filed a petition for divorce before the Family Court, Namakkal. Now, as the petitioner is finding it difficult to attend the court hearings at Namakkal, the petitioner has come up with this petition.
2/4
Tr.C.M.P.No.294 of 2023
note of the fact that the Hon'ble Supreme Court while hearing a transfer petition concerning matrimonial dispute had held that “convenience of wife in matrimonial disputes is paramount as per established jurisprudence of the court”, this Court is inclined to allow the present Petition.
Accordingly, F.C.O.P.No.6 of 2023 on the file of Family Court, Namakkal is ordered to be withdrawn and the same is hereby transfered to Family Court, Erode. The case bundle to be transfered within four weeks from the receipt of order copy. Consequently, connected miscellaneous petition is closed. No costs.
03.08.2023
Index:Yes/No Internet:Yes/No Speaking / Nonspeaking order ssd
To
3/4
Tr.C.M.P.No.294 of 2023
V.BHAVANI SUBBAROYAN J.
ssd
Tr.C.M.P.No.294 of 2023 & C.M.P.No.6519 of 2023
03.08.2023
4/4
1 issue framed by the court
Whether a petition to transfer a family court case regarding divorce from Namakkal to Erode for the convenience of the wife should be allowed.
Colour shows how this judgement treated each authority
Hon'ble Supreme CourtRelied on¶31
1 provisions across 1 enactments
M.Bhuvaneshwari
P.Muthukumar
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V.BHAVANI SUBBAROYAN
Parties & counsel
