This order allows a transfer petition to move a husband-initiated proceeding from a Sub Court at Kallakurichi to the Sub Court at Ambattur, considering the resident status of the wife. The court notes the husband's non-appearance in the transfer matter.
Transfer of HMOP.No.224 of 2023 from Additional Subordinate Court, Kallakurichi to Sub Court, Ambattur.
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.15 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2024
Coram
THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN
Tr.C.M.P.No.15 of 2024 & C.M.P.No.477 of 2024
Nandhini ... Petitioner
-Versus-
Anand Kumar ... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw HMOP.No.224 of 2023 pending on the file of the Additional Subordinate Court, Kallakurichi and transfer the same to the Family Court, Chennai.
For Petitioner : Mr.B.Harikrishnan
ORDER
The petitioner is the wife. The respondent is the husband. The petitioner
and the respondent were married on 24.08.2022. Due to certain differences, the
parties have separated. Thereafter, the husband has initiated a proceeding in HMOP.No.224 of 2023 on the file of the Sub Court at Kallakurichi.
1 of 4
Tr.C.M.P.No.15 of 2024
unable to travel to Kallakurichi for the purpose of attending the proceedings.
appearance through a lawyer nor is he appearing in person to oppose the petition.
is allowed. No costs. Consequently, the connected miscellaneous petition is closed.
25.04.2024
nl Index : yes / no Neutral Citation : yes / no Speaking / Non Speaking Order
Tr.C.M.P.No.15 of 2024
To
2.The Sub Court, Ambattur
Tr.C.M.P.No.15 of 2024
V.LAKSHMINARAYANAN, J.
nl
Tr.C.M.P.No.15 of 2024 & C.M.P.No.477 of 2024
25.04.2024
2 issues framed by the court
Whether HMOP.No.224 of 2023 filed by the husband at Kallakurichi should be transferred to the Family Court/Ambattur proceeding for the woman.
Whether the transfer petition is maintainable where the husband has not appeared to oppose it.
1 provisions across 1 enactments
Nandhini
Anand Kumar
V. LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
