Wife petitioned under Section 24 CPC to transfer her husband's divorce case pending at Sirkali, citing distance, work leave and lack of maintenance support. Court allowed the petition and transferred O.P.No.115 of 2024 to the Subordinate Court, Tambaram.
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Transfer Civil Misc. Petition No.42 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.04.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
TR C.M.P.No.42 of 2025 and C.M.P.No.889 of 2025
Dharani ... Petitioner
Vs
D.Karthick Kumar ... Respondent
Prayer: Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw and transfer the O.P.No.115 of 2024 pending before the Subordinate Court, Sirkali to the Subordinate Court, Tambaram where the petition in Divorce in O.P.No.425 of 2024 is pending.
For Petitioner : Mr.Dayalu Sureshkumar For Respondent : Private notice ServedNo Appearance
ORDER
The Petitioner/wife has filed this Transfer Civil Miscellaneous
Petition seeking to withdraw the O.P.No.115 of 2024 pending on the file of the Subordinate Court, Sirkali and transfer the same to the file of the Subordinate Court, Tambaram.
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Transfer Civil Misc. Petition No.42 of 2025
of the Subordinate Court, Sirkali for divorce.
3. The petitioner-wife seeks transfer on the following grounds:
(i) The petitioner is a working woman and she has to
take two days leave to attend the Court hearings at Sirkali.
(ii) The distance between her residence and the Subordinate Court, Sirkali is approximaely 200 kms and she hs
to travel all alone from Chennai to Sirkali to attend the hearings leaving her minor daugher in her parental home at Thiruvarur.
(iii) The respondent is not giving any maintenance to the
petitioner or her daughter.
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Transfer Civil Misc. Petition No.42 of 2025
and looking into the grievances expressed by the petitioner, the Transfer Civil Miscellaneous Petition is allowed and O.P.No.115 of 2024 pending on the file of the Subordinate Court, Sirkali shall stand withdrawn and transferred to the file of the Subordinate Court, Tambaram. No costs. Consequently, connected civil miscellaneous petition is closed.
08.04.2025
Index: Yes/No Speaking order/non-speaking order Neutral Citation: Yes/No srn
To,
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Transfer Civil Misc. Petition No.42 of 2025
P.T.ASHA, J.,
srn
TR C.M.P.No.42 of 2025 and C.M.P.No.889 of 2025
08.04.2025
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1 issue framed by the court
Should the husband's divorce proceedings (O.P.No.115 of 2024) at Sirkali be transferred to Subordinate Court, Tambaram for the petitioner-wife's convenience?
1 provisions across 1 enactments
Dharani
D.Karthick Kumar
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
