Petitioner sought transfer of a pending Family Court proceeding from Erode to Salem due to distance and inability to travel. Court allowed transfer to Sub-Court, Sankagiri, directing parties to proceed within specified timelines.
Transfer of F.C.O.P.No.333 of 2022 from Family Court, Erode to Sub-Court, Sankagiri; disposal within six months.
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Tr.C.M.P.No.328 of 2023 and C.M.P.No.7343 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.11.2023
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Tr.C.M.P.No. 328 of 2023 and C.M.P.No.7343 of 2023
A.Parameswari W/o. Dinesh Kumar
... Petitioner
Vs.
Dinesh Kumar S/o.Vasu
... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., praying to withdraw the F.C.O.P.No.333 of 2022 pending on the
file of Family Court, Erode and to transfer the same to the file of Sub-Court,
Omalur, Salem District.
For Petitioner : Mr.N.Anand
For Respondent :Mr.P.Chandrasekaran
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O R D E R
Tr.C.M.P.No.328 of 2023 and C.M.P.No.7343 of 2023
The petitioner/wife seeks transfer of F.C.O.P.No.333 of 2022 pending
on the file of Family Court, Erode to the file of Sub-Court, Omalur, Salem District. The petitioner / wife seeks transfer of the proceedings before the Sub-Court, Omalur, Salem District on the ground that she is living at Salem with one male child, aged about 2 ½ years and she is not able to attend the court hearings by traveling 70 kms from Salem.
between the respondent and the petitioner was solemnized on 12.12.2018 at Sri Mariamman Kovil Marriage Hall, Elampillai, Salem district as per Hindu Rites and Customs, out of the wedlock, one male child born to them. He further submitted that the respondent has filed a petition in F.C.O.P.No.333 of 2022 before the Family Court, Erode which is 70 kilometers away from her residence. As a lady, the petitioner finds it difficult to undertake long travel to Erode to attend the Court proceedings. Hence, the petitioner has
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Tr.C.M.P.No.328 of 2023 and C.M.P.No.7343 of 2023
filed this TR.C.M.P.No.328 of 2023 to withdraw and transfer the F.C.O.P.No.333 of 2022 from the file of Family Court, Erode to the file of Sub-Court, Omalur, Salem District.
the petitioner is justifiable, this Court is inclined to transfer the F.C.O.P.No.333 of 2022 to the Sub-Court, Sankagiri.
No costs. Consequently, connected miscellaneous petition is closed.
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Tr.C.M.P.No.328 of 2023 and C.M.P.No.7343 of 2023
T.V.THAMILSELVI, J.
nr
20.11.2023
Index : Yes / No Neutral Citation: Yes / No nr
To
Tr.C.M.P.No. 328 of 2023 and C.M.P.No.7343 of 2023
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1 issue framed by the court
Whether the petitioner is entitled to withdraw and transfer the pending Family Court proceeding from Erode to a court in Salem due to residence and distance constraints.
1 provisions across 1 enactments
Parameswari
Dinesh Kumar
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
