Remanded

Auxlin Diana v. Praveen Kumar

Madras HC15 Dec 2023TR CMP/368/2023

Case brief

AI extract

What is this about?

The High Court allowed the transfer of a family law suit from Cuddalore to Villupuram. The court accepted the petitioner's ground that traveling from Chennai was a hardship. It directed the transfer of proceedings and permitted tagging a linked restitution petition.

What did the court decide?

Transfer of I.D.O.P. No.413 of 2022 from Family Court, Cuddalore to Family Court, Villupuram; transfer of I.D.O.P. No.1159 of 2023 to be tagged for joint disposal within six months.

Auxlin Diana Vs Praveen Kumar — Civil Procedure and Limitation | Madras HC (2023)

¶1

Tr.C.M.P.No.368 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 15.12.2023

¶4

CORAM:

¶5

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

¶6

Tr.C.M.P.No.368 of 2023 and C.M.P.No. 7953 of 2023

¶7

Mrs.Auxlin Diana ... Petitioner Vs. Mr.Praveen Kumar ... Respondent

¶8

PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the I.D.O.P.No.413 of 2022 of the Family Court, Cuddalore and transfer the same to the VI Additional Family Court, Chennai.

¶9

For Petitioner : Ms.P.Mahalakshmi for Mr.J.Vincent Kumar

¶10

For Respondent : Mr.B.Mahendra Naidu

¶11

ORDER

¶12

The petitioner/wife seeks transfer of I.D.O.P.No.413 of 2022 on

¶13

the file of Family Court, Cuddalore and transfer the same to the VI

¶14

https://www.mhc.tn.gov.in/judis

¶15

1/4

¶16

Tr.C.M.P.No.368 of 2023

¶17

Additional Family Court, Chennai.

¶18

The learned counsel for petitioner would submit that the petitioner wife seeks transfer of the proceedings on the ground that she is not able to travel from her place of residence to attend every hearings before the Family Court, Cuddalore and she also working as a teacher in Chennai. Hence, he prayed to transfer the petition.

¶19

Records perused. The reasons assigned by the petitioner wife is justifiable one and the fact that she is not able to travel from Chennai to attend every hearings before the Family Court, Cuddalore. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the petition in I.D.O.P.No.413 of 2022 is withdrawn from the file of Family Court, Cuddalore and transferred to the file of Family Court, Villupuram, and the learned trial judge is directed to transfer the case to the Family Court, Villupuram within a period of two weeks from the date of receipt of copy of this order. The learned Family Court, Villupuram, is also directed to take case on file within a period of one week from the date of receipt of papers and issue notice to the respondent as per manner known to law and thereafter, to dispose the case as early as possible. The petition filed by the petitioner in I.D.O.P.No.1159 of 2023 seeking restitution conjugal https://www.mhc.tn.gov.in/judis 2/4

¶20

Tr.C.M.P.No.368 of 2023

¶21

rights can also be tagged along with I.D.O.P.No.413 of 2022 on the file of Family Court, Villupuram. Hence, the learned Family Court, Chennai is directed to transfer the case in I.D.O.P.No.1159 of 2023 to the file Family Court, Villupuram and the learned Family Court, Villupuram should take the same on file and dispose of both the cases i.e., I.D.O.P.Nos.413 of 2022 and 1159 of 2023 within a period of six(6) months from the date of receipt of a copy of this order. No costs. Consequently, connected civil miscellaneous petition is closed.

¶22

15.12.2023

¶23

Index : Yes / No Internet : Yes / No Speaking/Non-speaking order mp

¶24

¶25

The Family Court, Chennai.

¶26

The Family Court, Cuddalore.

¶27

The Family Court, Villupuram.

¶28

https://www.mhc.tn.gov.in/judis

¶29

3/4

¶30

Tr.C.M.P.No.368 of 2023

¶31

T.V.THAMILSELVI, J.

¶32

¶33

Tr.C.M.P.No.368 of 2023

¶34

15.12.2023

¶35

https://www.mhc.tn.gov.in/judis

¶36

4/4

Auxlin Diana v. Praveen Kumar

Case brief

What is this about?

What did the court decide?

Auxlin Diana v. Praveen Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Infant Judina Fernando Vs J.David Anthony

T.Edith Lydia Vs R.Suganthan

Aditya Birla Fashion and Retail Ltd. Vs C.N.Srinivasan

D.Vasantha Vs v.Krishnamoorthy

Loheswari @ Priya Vs N.Srinivasan

Dheivanilla Vs Mayilvahanan