The High Court at Madras, on the petitioner-wife and respondent-husband's petition, considered the difficulty in traveling from Puducherry to Chennai for court proceedings. With no objection from the respondent, the Court allowed the transfer.
O.P.No.663/2023 was withdrawn from the Sub Court, Alandur and transferred to the Family Court, Puducherry.
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.326 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Tr.C.M.P.No.326 of 2024 and C.M.P.No.6693 of 2024
Nithya Vinayakum ... Petitioner
Vs.
J.Narendran ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer the OP No.663/2023
on the file of Sub Court, Alandur to the file of the Family Court, Puducherry.
For Petitioner : Mr.K.S.Karthik Raja For Respondent : Mr.Guru D hananjay
ORDER
The petitioner filed this transfer petition seeking transfer of
OP.No.663 of 2023 filed by her estranged husband/respondent from the file of the Sub Court, Alandur to the file of the Family Court, Puducherry.
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Tr.C.M.P.No.326 of 2024
2. The petitioner is the wife and respondent is the husband. The
marriage between the petitioner and respondent was solemnized on 21.02.2022 at Mairie d' Oulgaret (Oulgaret Town Hall), Puducherry. Since, the relationship between the couples went bitter, the respondent/Husband filed O.P.No.663 of 2023 pending on the file of the Sub Court, Alandur against the petitioner seeking divorce. Now, the petitioner herein who is the wife has preferred the present petition to withdraw O.P.No.663 of 2023 on the file of the Sub Court, Alandur and transfer the same to the file of the Family Court, Puducherry.
3.The petitioner has stated that she is staying with her aged parents and it is very difficult for her to travel from Puducherry to Chennai for attending the Court proceedings at Alandur.
4.The learned counsel for the respondent submitted that the respondent has got no objection for transfer of O.P.No.663 of 2023 to the file of the Family Court at Puducherry.
5.Considering the submissions and on perusal of the materials, it is seen that the petitioner is residing in Puducherry and taking care of her aged
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Tr.C.M.P.No.326 of 2024
parents, at this stage, she could not travel all the way from Puducherry to Chennai to attend Court proceedings which is around 149 kms, one way.
6.In view of the above, this Court withdraws O.P.No.663 of 2023 from the file of the Subordinate Court, Alandur and transfers the same to the file of the Family Court at Puducherry. Accordingly, this transfer civil miscellaneous petition is allowed. Consequently, connected civil miscellaneous petition is closed. No costs.
29.07.2024
Speaking Order/Non Speaking Order Index : Yes/No Internet : Yes/No Jer
To 1.The Subordinate Judge Sub Court, Alandur. 2.The Judge Family Court, Puducherry.
M.NIRMAL KUMAR, J.
Jer
Page No.3 of 4
Tr.C.M.P.No.326 of 2024
Tr.C.M.P.No.326 of 2024 and C.M.P.No.6693 of 2024
29.07.2024
Page No.4 of 4
1 issue framed by the court
Whether a transfer petition should be allowed to transfer matrimonial proceedings from the Sub Court, Alandur to the Family Court, Puducherry.
1 provisions across 1 enactments
Nithya Vinayakum
J. Narendran
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
