Petitioner wife sought transfer of divorce proceedings from Virudhunagar to Thiruvottiyur due to distance difficulties. Respondent did not object. Court applied the principle of wife's convenience in matrimonial disputes and allowed the transfer.
Transfer of H.M.O.P. No.190 of 2022 from Subordinate Court, Virudhunagar to Sub Court, Thiruvottiyur.
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Tr.C.M.P.No.94 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.07.2023
C O R A M
THE HONOURABLE MRS.JUSTICE BHAVANI SUBBAROYAN
TR C.M.P. No.94 of 2023 and C.M.P.No.2075 of 2023
Ishwariyalakshmi
... Petitioner
Vs.
P.Aswanth Birla ... Respondent
PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908 to withdraw H.M.O.P.No.190 of 2022 pending on the file of the Subordinate Court, Virudhunagar and transfer the same to the file of Sub Court, Thiruvottiyur.
For Petitioner : M/s.K.Thenrajan
For Respondent : M/s.J.Ravikumar
1
Tr.C.M.P.No.94 of 2023
O R D E R
This Transfer Civil Miscellaneous Petition has been filed by the petitioner seeking to withdraw H.M.O.P.No.190 of 2022 pending on the file of the Subordinate Court, Virudhunagar and transfer the same to the file of Sub Court, Thiruvottiyur.
2
Tr.C.M.P.No.94 of 2023
transfer the H.M.O.P.No.190 of 2022, pending on the file of the Subordinate Court, Virudhunagar to the file of the Sub Court, Thiruvottiyur.
from the file of the Subordinate Court Virudhunagar and transfer the same https://www.mhc.tn.gov.in/judis 3
Tr.C.M.P.No.94 of 2023
V.BHAVANI SUBBAROYAN, J. jai
to the file of the Sub Court, Thiruvottiyur and the respondent is at liberty to approach the Sub Court, Thiruvottiyur with regard to mode of appearance at the time of trial.
21.07.2023
Index:Yes/No Internet:Yes/No Speaking Order/Non Speaking Order
jai
To
1.The Subordinate Court, Virudhungar.
TR C.M.P. No.94 of 2023
4
2 issues framed by the court
Whether the transfer of matrimonial proceedings to a court closer to the wife's residence is justified considering her convenience and difficulty in long-distance travel.
Whether the High Court has the power to transfer a petition from one subordinate court to another under Section 24 CPC.
1 provisions across 1 enactments
Ishwariyalakshmi
P.Aswanth Birla
Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
