Eswaran v. Sathya
Case brief
What is this about?
The Madras High Court transferred a civil maintenance case originally pending in Magistrate's court, Usilampatti, to Magistrate's court, Dindigul, after finding Coimbatore unsuitable due to the respondent's travel distance. The order directed fee payment.
What did the court decide?
Transfer of case M.C.No.7 of 2022 from Usilampatti to Dindigul; respondent to be paid Rs. 500 per hearing.
What the court decided
A compact analysis
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(MD).No.536 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.11.2023
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Tr.C.M.P (MD).No.536 of 2023 and C.M.P.(MD).No.11916 of 2023
Eswaran
: Petitioner
Vs.
Sathya
: Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of Civil Procedure Code, to withdraw the case in M.C.No.7 of 2022 pending on the file of the learned Judicial Magistrate No.II, Usilampatti, Madurai District and transfer the same to the file of the Family Court, Coimbatore.
Issues for consideration
3 issues framed by the court
Whether a civil case pending in a Magistrate's court located in Madurai should be transferred to the Family Court in Coimbatore or the Magistrate's court in Dindigul given the petitioner's residence i
Whether the respondent is entitled to travel expenses incurred in traversing between court locations if the case is transferred to Dindigul.
Whether the petitioner is liable to pay hearing fees to the respondent for future hearings in the transferred case.
Parties & counsel
- petitioner
Eswaran
- respondent
Sathya
Coram
K.Murali Shankar
Case details
As recorded by the court registry
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