Allowed

J.Jerlin v. P.Agassi Prince

Madras HC24 Apr 2024TR CMP/308/2024

Case brief

AI extract

What is this about?

This court transferred divorce proceedings from the Family Court in Chennai to the Family Court in Coimbatore. The order was based on the wife's residence and inability to travel to Chennai, rejecting the husband's claim of threat level.

What did the court decide?

Proceeding withdrawn from VI Additional Family Court, Chennai and transferred to Family Court, Coimbatore. Husband need not appear for every hearing.

J.Jerlin Vs P.Agassi Prince — Property and Title | Madras HC (2024)

¶1

Tr.CMP.No.308 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 24.04.2024

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

¶6

Tr.CMP.No.308 of 2024 and C.M.P.No.6184 of 2024

J.Jerlin

.. Petitioner

Vs.

P.Agassi Prince .. Respondent

¶11

Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in I.D.O.P.No.5042 of 2023 pending on the file of the VI Additional Family Court at Chennai and transfer the same to the file of the Family Court at Coimbatore.

¶12

For Petitioner : Mr.A.Thirumaran

¶13

For Respondent : Mr.U.Karunakaran

¶14

ORDER

¶15

The wife is a permanent resident of Kavundampalayam at Coimbatore

¶16

District. The husband is a permanent resident of Chinmaya Nagar at Chennai.

¶17

Page No 1 of 4 https://www.mhc.tn.gov.in/judis

¶18

Tr.CMP.No.308 of 2024

¶19

The respondent/husband has initiated a proceeding in I.D.O.P.No.5042 of 2023 on the file of the VI Additional Family Court at

¶20

Chennai, seeking divorce.

¶21

The wife pleads inability to travel from Coimbatore to Chennai to attend the court hearings.

¶22

The husband has filed a counter opposing the application. He says that there is a threat to his life in case he goes to Coimbatore because the wife has filed repeated complaints against him before the Police Station.

¶23

The fact that the wife has filed the complaints before the Police Station itself, shows that she is a law abiding citizen and is trying to get a remedy through the process of law. The lodging of the complaints against the husband cannot be treated as a threat to his life.

¶24

Mr.U.Karunakaran would plead that the matter may be transferred

¶25

to the file of the Family Court at Tiruppur. When I am ordering the transfer

¶26

of proceeding on the ground of convenience of the wife, I find no necessity to push the wife to travel 50 Kms only in order to satisfy the ego of the

¶27

Page No 2 of 4

¶28

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

¶29

Tr.CMP.No.308 of 2024

¶30

husband.

¶31

Taking into consideration the overall circumstances, I am inclined to allow this transfer petition. Hence, the proceeding in I.D.O.P.No.5042 of 2023 pending on the file of the VI Additional Family Court at Chennai is withdrawn and it shall stand transferred to the file of the Family Court at Coimbatore.

¶32

It is made clear that the husband need not appear for every hearing. But, he shall appear for the essential hearings. On all other hearings, he may be represented through a counsel. Accordingly, the Transfer Civil Miscellaneous Petition stands allowed. No costs. The connected Civil Miscellaneous Petition is closed.

¶33

24.04.2024

¶34

mkn2

¶35

Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No

¶36

Page No 3 of 4 https://www.mhc.tn.gov.in/judis

¶37

Tr.CMP.No.308 of 2024

¶38

V. LAKSHMINARAYANAN, J.

¶39

mkn2

¶40

¶41

1.The VI Additional Family Court, Chennai

¶42

2.The Family Court, Coimbatore

¶43

Tr.CMP.No.308 of 2024 and C.M.P.No.6184 of 2024

¶44

24.04.2024

¶45

Page No 4 of 4 https://www.mhc.tn.gov.in/judis

J.Jerlin v. P.Agassi Prince

Case brief

What is this about?

What did the court decide?

J.Jerlin v. P.Agassi Prince

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

J.Vinita Pricillal Vs J.Stephen Raj

Tasleem Marsiya Vs Mohamed Yasar

Jenipha Kingslin Vs Joseph Victor Premkumar

Sri Jai Priya Vs v. Prasad

Mukesh Jain, Vs Kaushalya

S. Shalini Vs M. Kamesh