Single-judge bench dismissed a transfer petition seeking to move matrimonial proceedings from the Family Court, Tirunelveli, to Family Court, Chennai. The court found the petitioner's ground, that she is unable to attend hearings due to distance, was not justifiable.
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.60 of 2023 and CMP.No.1517 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2023
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Tr.C.M.P.No.60 of 2023 and
CMP.No.1517 of 2023
Esther Christiana ... Petitioner
Vs.
PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of
C.P.C., praying to withdraw the H.M.O.P.No. 59 of 2022 from the file of Family Court, Thirunelveli and transfer to the Family Court, Chennai.
For Petitioner : Mr. M.P.Saravanan For Respondents : Mr. E.Kotteswaran vs Mr. E.Chandrasekaran for R1 No appearance for R2
1/4
Tr.C.M.P.No.60 of 2023 and CMP.No.1517 of 2023
O R D E R
The petitioner/wife seeks transfer of H.M.O.P.No.59 of 2022 pending on the file of the Family Court, Tirunelveli to the Family Court, Chennai. The petitioner /wife seeks transfer of the proceedings before the Family Court, Chennai on the ground that she is working at Chennai and she is not able to attend the Court hearings by travelling Chennai to Tirunelveli.
respondent is living with his two children at Tirunelveli and it would cause
2/4
Tr.C.M.P.No.60 of 2023 and CMP.No.1517 of 2023
hardship to attend the Court hearings by travelling Tirunelveli to Chennai by 500 kms along with his children. Hence, he prays to dismiss the petition.
12.12.2023
Index : Yes / No Neutral Citation: Yes / No Speaking/Non-speaking order
rri
To
3/4
Tr.C.M.P.No.60 of 2023 and CMP.No.1517 of 2023
T.V.THAMILSELVI, J.
rri
Tr.C.M.P.No.60 of 2023
and CMP.No.1517 of 2023
12.12.2023
4/4
1 issue framed by the court
Whether a petition for transfer of matrimonial proceedings from Family Court, Tirunelveli to Chennai is justifiable given the petitioner's residence and employment in Chennai and the respondent's resi
Esther Christiana
Arun Prasath
Hairun Raihana
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
