The High Court allowed a transfer and withdrawal application, directing the respondent to pay interim maintenance and transfer a divorce petition due to the petitioner's difficulty in traveling long distances for court hearings.
Transfer of HMOP No.24 of 2023 from Valliyur to Dharapuram; interim maintenance of Rs.10,000/- monthly directed.
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.967 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2023
CORAM :
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
TR.CMP No.545 of 2023 and C.M.P.No.12876 of 2023
Anitha
…. Petitioner
-Vs-
S.Prince Rajesh Kumar …. Respondent
Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., to withdraw the HMOP.No.24 of 2023 on the file of Sub Court, Valliyur and to transfer to Sub Court, Dharapuram.
For Petitioner : Mr.K.Sudhakar
For Respondent : No appearance
O R D E R
This petition has been filed by the petitioner seeking to withdraw the
HMOP.No.24 of 2023 on the file of Sub Court, Valliyur and to transfer the same to the Sub Court, Dharapuram.
1/4
Tr. CMP. No.967 of 2023
between the petitioner and the respondent solemnized on 11.02.2018 and they begotten female child. He further submitted that the petitioner has been tortured at the hands of the respondent and his family members. Now, the respondent is residing at abroad, he filed a petition for divorce in HMOP.No.24 of 2023 on the file of the Sub Court, Valliyur. on making false allegations against this petitioner. He further submitted that the petitioner is living with her parents along with her child without any source of income. He also further submitted that the petitioner filed petition for Maintenance in M.C.No.18 of 2023 before the Judicial Magistrate, Dharapuram and it is very difficult for the petitioner to attend the court hearings at Valliyur and she was unable to travel 700 kilometers along with her child. Hence, he prays to allow this petition.
2/4
Tr. CMP. No.967 of 2023
01.11.2023
Speaking / Non Speaking order Neutral Citation : Yes/No Index :Yes/No
3/4
Tr. CMP. No.967 of 2023
msrm
T.V.THAMILSELVI, J.
msrm
To
1.The Sub Court, Valliyur.
2.The Sub Court, Dharapuram.
TR.CMP No.545 of 2023 and C.M.P.No.12876 of 2023
01.11.2023
4/4
2 issues framed by the court
Whether to allow transfer of the divorce petition from Sub Court, Valliyur to Sub Court, Dharapuram due to the petitioner's inability to travel.
Whether to grant interim maintenance to the petitioner while the transfer takes effect.
1 provisions across 1 enactments
Anitha
S.Prince Rajesh Kumar
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
