Allowed¶30

S.Vinotha v. S.Vigneswaran

Madras HC18 Mar 2025TR CMP/693/2024

Case brief

AI extract

What is this about?

Madras High Court, Tr.C.M.P.No. 693 of 2024 (& C.M.P.No. 14872 of 2024), P.T. Asha, J., decided 18.03.2025 — transfer of divorce case FCOP.No. 288 of 2024 from Family Court, Erode to Sub Court, Kangeyam under Section 24 CPC at the instance of the wife (S. Vinotha v. S. Vigneswaran); grounds: wife's residence at Kangayam with infant child and travel hardship; allowed ex parte as respondent did not appear despite service; no costs.

What did the court decide?

Transfer petition allowed as prayed for: FCOP.No. 288 of 2024 to be withdrawn from the file of the Family Court, Erode and transferred to the file of the Sub Court, Kangeyam; connected miscellaneous petition closed; no costs. ¶30

S.Vinotha Vs S.Vigneswaran — Madras HC (2025) — LawSathi Research

¶1

Tr.C.M.P.No. 693 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

Dated : 18.03.2025

¶4

CORAM

¶5

THE HONOURABLE Ms. JUSTICE P.T. ASHA

¶6

Tr.C.M.P.No. 693 of 2024 &

¶7

C.M.P.No. 14872 of 2024

¶8

S. Vinotha ...Petitioner

¶9

Vs.

¶10

S. Vigneswaran ...Respondent

¶11

Prayer: Transfer Petition filed under Section 24 of the CPC, to withdraw FCOP.No. 288 of 2024 on the file of the Family Court, Erode, and to transfer the same to the file of the Sub Court, Kangeyam.

¶12

For Petitioner : Mr. N.Manoharan : For Respondent No Appearance.

¶13

1/5

¶14

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

¶15

Tr.C.M.P.No. 693 of 2024

¶16

O R D E R

¶17

The transfer petition is filed to withdraw FCOP.No. 288 of 2024

¶18

on the file of the Family Court, Erode, and to transfer the same to the

¶19

file of the Sub Court, Kangeyam.

¶20

The petitioner married the respondent on 27.11.2020.

¶21

Thereafter, due to difference of opinion the parties have separated and

¶22

the respondent had filed FCOP.No. 288 of 2024 on the file of the Family Court, Erode, seeking divorce.

¶23

The petitioner would submit that presently she is residing at her parents house at Kangayam along with her 1 ½ year old girl child. The petitioner would submit that it is very difficult for her to travel from her native village to Erode for each and every hearing. The petitioner would submit that since the matter is pending before the Family Court, Erode the same may be transferred to the file of the Sub

¶24

2/5

¶25

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

¶26

Tr.C.M.P.No. 693 of 2024

¶27

Court, Kangayam, where the presence of both the parties is not necessary.

¶28

The respondent though served has not entered appearance.

¶29

Considering the above facts and the fact that the petitioner is

¶30

seeking transfer to the Sub Court, where the presence of the parties is not necessary, the transfer petition is allowed as prayed for. Consequently, the connected miscellaneous petition is closed. No costs.

¶31

18.03.2025

¶32

Index : Yes/No Internet : Yes/No kan

¶33

3/5

¶34

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

¶35

Tr.C.M.P.No. 693 of 2024

¶36

¶37