Allowed

S. Sivasakthi v. K. Sivaram

Madras HC20 Aug 2024TR CMP/145/2024

Case brief

AI extract

What is this about?

Wife sought transfer of husband's matrimonial petition from Subordinate Court, Alandur to Chidambaram on ground of travel inconvenience. Husband did not appear. Court withdrew the Alandur case and transferred it to Chidambaram to be tried along with wife's restitution petition.

What did the court decide?

HMOP.No.731 of 2023 withdrawn from Subordinate Court, Alandur and transferred to Subordinate Court, Chidambaram to be tried with HMOP.No.131 of 2023; no costs; connected CMP closed.

S. Sivasakthi Vs K. Sivaram — Matrimonial and Divorce | Madras HC (2024)

¶1

Transfer C.M.P.No.145 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 20.08.2024

¶4

Coram

¶5

THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN

¶6

Transfer C.M.P No.145 of 2024 & C.M.P.No.3006 of 2024

S.Sivasakthi

... Petitioner

-Versus-

K.Sivaram

... Respondent

Transfer civil miscellaneous petition filed under Section 24 of the Code of Civil Procedure to withdraw and transfer the Matrimonial HMOP.No.731 of 2023 on the file of the Subordinate Court, Alandur to the Subordinate Court, Chidambaram and tried along with HMOP.N.131 of 2023 on the file of the Subordinate Court, Chidambaram.

¶13

For Respondent : No appearance

¶14

ORDER

¶15

The petitioner is the wife. She married the respondent on 20.08.2021 at

¶16

Chidambaram. Due to dispute and difference of opinion, they are separated.

¶17

1 of 4

¶18

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

¶19

Transfer C.M.P.No.145 of 2024

¶20

The husband had filed HMOP.No.731 of 2023 on the file of the Subordinate Court, Alandur. He has invoked section 13[1] [i-a] of the Hindu Marriage Act. In the meantime, the petitioner/wife has initiated an application under section 9 of the Hindu Marriage Act before the Subordinate Court at Chidambaram. This has been numbered as HMOP.No.131 of 2023.

¶21

Pleading that she is unable to travel from Chidambaram to Alandur, a total distance of 420 kilometers to and fro, the petitioner/wife has filed this petition.

¶22

Notice was ordered in the application on 20.02.2024. The respondent

¶23

has been served notice, but he has not entered appearance nor has been present before this Court to oppose this petition.

¶24

Taking into consideration the convenience of the wife, HMOP.731 of

¶25

2023 on the file of the Subordinate Court, Alandur is withdrawn and is transferred to the file of the Subordinate Court at Chidambaram. It shall be heard and decided along with HMOP.131 of 2023 pending on the file of that Court.

¶26

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

¶27

2 of 4

¶28

Transfer C.M.P.No.145 of 2024

¶29

With the above direction, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

¶30

20.08.2024

¶31

vrc Index : yes / no Neutral Citation : yes / no Speaking / Non Speaking Order To,

¶32

The Subordinate Court, Alandur.

¶33

The Subordinate Court, Chidambaram.

¶34

https://www.mhc.tn.gov.in/judis 3 of 4

¶35

Transfer C.M.P.No.145 of 2024

¶36

V.LAKSHMINARAYANAN, J.

¶37

vrc

¶38

Transfer C.M.P.No.145 of 2024

¶39

20.08.2024

¶40

https://www.mhc.tn.gov.in/judis 4 of 4

S. Sivasakthi v. K. Sivaram

Case brief

What is this about?

What did the court decide?

S. Sivasakthi v. K. Sivaram

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

Sree Ayyappa Bakthargal Saba Thiruniravur, Vs Suresh

N.Vijaya Vs S.Sadhasivam

S.N.Palani Vs E.Saravanan

K. Abinaya Vs S. Karthikeyan

Natarajan Vs Venkatesan

Selvaraj Vs Chief Secretary