This judgment allowed a transfer petition to move divorce proceedings from Sub Court, Tiruchengode to Family Court, Salem. The court aimed to consolidate related matrimonial cases and acknowledged the petitioner's childcare duties.
Proceedings transferred to Family Court, Salem to be tried along with H.M.O.P.No.270 of 2022.
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.370 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2024
CORAM :
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Tr.C.M.P.No.370 of 2023 and C.M.P.Nos.7964 and 7968 of 2023
A.S.Vaishnave
... Petitioner
Vs.
M.Tharunkumar ... Respondent
Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw H.M.O.P.No.95 of 2021 pending on the file of the Sub Court, Tiruchengode and to transfer the same to the file of the Family Court, Salem in H.M.O.P.No.270 of 2022 by allowing this transfer Civil Miscellaneous Petition.
For Petitioner : Ms.R.A.Monalisha
ORDER
This transfer petition has been filed seeking transfer of the proceeding in
H.M.O.P.No.95 of 2021 from the file of the Sub Court, Tiruchengode to the file
of the Family Court, Salem to be tried along with H.M.O.P.No.270 of 2022.
Tr.C.M.P.No.370 of 2023
Thirumalai Devasthanam, Tirupathi, Andhra Pradesh. From the wedlock, two children (one girl and one boy) were born on 29.04.2020 and 17.01.2022 respectively. The petitioner and the children are residing at Ammapet, Salem District. Thereafter, certain disputes have arisen between the petitioner and the respondent. The respondent, who is a resident of Komarapalayam, Namakkal District, has initiated divorce proceeding in H.M.O.P.No.95 of 2021 before the Sub Court, Tiruchengode.
https://www.mhc.tn.gov.in/judis Page No 2 of 4
Tr.C.M.P.No.370 of 2023
respondent is an employee of IT Company, his presence shall not be insisted upon by the Family Court, Salem for every hearing unless and until his presence is indispensable. On all other hearings, he may be represented through a counsel.
16.04.2024
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation : Yes/No arb
To
1.The Sub Court, Tiruchengode.
2.The Family Court, Salem.
V. LAKSHMINARAYANAN, J.
arb
Page No 3 of 4
Tr.C.M.P.No.370 of 2023
Tr.C.M.P.No.370 of 2023 and C.M.P.Nos.7964 and 7968 of 2023
16.04.2024
Page No 4 of 4
1 issue framed by the court
Whether the proceedings in H.M.O.P.No.95 of 2021 should be transferred to Family Court, Salem to avoid conflicting judgments and being tried around with another pending case in the same court.
1 provisions across 1 enactments
A.S.Vaishnave
M.Tharunkumar
V. LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
