Allowed¶32

Karapilly Kunjunni Sownya v. C.Sankar Ganesh

Matrimonial – transfer of proceedings – S.24 CPC

Madras HC5 Mar 2025TR CMP/860/2024

Download

Case brief

AI extract

What is this about?

Tr.C.M.P. Madras High Court; transfer of matrimonial suit; Section 24 Code of Civil Procedure; Hindu Marriage Act Section 13(1)(i-a) dissolution of marriage; Section 9 restitution of conjugal rights; wife resident of Chengalpet; husband employed in USA; video conferencing hearing; Family Court Chengalpet; I Additional Family Court Chennai; H.M.O.P.No.1800 of 2024; H.M.O.P.No.253 of 2024; P.T. Asha J.

What did the court decide?

Transfer petition allowed: H.M.O.P.No.1800 of 2024 withdrawn from the I Additional Family Court, Chennai and transferred to the Family Court, Chengalpet; respondent-husband to attend hearings through video conferencing; his counsel to inform the Court of the connection time; no costs; connected miscellaneous petitions (C.M.P.Nos.18962 and 19117 of 2024) closed. ¶32

Karapilly Kunjunni Sownya Vs C.Sankar Ganesh — Matrimonial and Divorce | Madras HC (2025)

What the court decided

AI extract

Outcome

¶32

Issue for consideration

Whether H.M.O.P.No.1800 of 2024 pending before the I Additional Family Court, Chennai should be withdrawn and transferred to the Family Court, Chengalpet, where the wife resides.

¶14

Court's answer

The request for transfer is granted: taking note that the petitioner-wife resides at Chengalpet and the respondent-husband is employed in the USA, H.M.O.P.No.1800 pending before the I Additional Family Court, Chennai stands withdrawn (with the consent of both learned counsels) and transferred to the file of the Family Court, Chengalpet.

¶22

Ratio / Principle

Since the Family Court, Chengalpet has a functional video conferencing facility and the respondent-husband is employed in the USA, the respondent-husband shall connect for the hearings at the Family Court, Chengalpet through video conferencing.

¶26

Key takeaways

The learned counsel for the respondent shall inform the Court as to the time when the respondent-husband can connect for the hearings.ratio¶31

Detailed headnote1 paragraphs

Matrimonial — transfer of proceedings — S.24 CPC — wife, residing at Chengalpet, sought transfer of husband's divorce petition (H.M.O.P.No.1800 of 2024 under S.13(1)(i-a), Hindu Marriage Act) from the I Additional Family Court, Chennai to the Family Court, Chengalpet, where her own restitution petition (H.M.O.P.No.253 of 2024 under S.9) was pending — husband employed in the USA — Registry confirmed a functional video conferencing facility at Chengalpet — transfer granted with consent of both counsels; husband ordered to appear through video conferencing and his counsel to intimate the connection time; no costs; connected CMPs closed (Madras HC, P.T. Asha, J., 05.03.2025).

¶1

Tr.C.M.P.No.860 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 05.03.2025

¶4

CORAM:

¶5

THE HONOURABLE Ms. JUSTICE P.T.ASHA

¶6

Tr.C.M.P.No.860 of 2024

¶7

and C.M.P.Nos.18962 and 19117 of 2024

¶8

Karapilly Kunjunni Sownya ... Petitioner Vs. C.Sankar Ganesh ... Respondent

¶9

Prayer: Petition filed under Section 24 of the Civil Proceedure Code praying to withdraw H.M.O.P.No.1800 of 2024 from the file of the learned I Additional Family Judge, Chennai to the file of the Family Court, Chengalpet.

¶10

For Petitioner : Mr.V.Parthiban For Respondent : Mr.M.Udaiya Bhanu

¶11

https://www.mhc.tn.gov.in/judis 1/5

¶12

Tr.C.M.P.No.860 of 2024

¶13

O R D E R

¶14

The wife in a matrimonial proceedings has filed this transfer C.M.P. seeking to withdraw H.M.O.P.No.1800 of 2024 pending on the file of the I Additional Family Court, Chennai and transfer the same to the Family Court, Chengalpet.

¶15

The respondent-husband has filed the above H.M.O.P.No.1800 of 2016 under Section 13 (1) (i-a) of the Hindu Marriage Act on the file of the I Additional Family Court, Chennai for dissolution of marriage held between the petitioner and the respondent on 22.08.2024. The petitioner-wife has filed H.M.O.P.No.253 of 2024 under Section 9 of the Hindu Marriage Act, on the file of the Family Court, Chengalpet for restitution of conjugal rights.

¶16

Since the respondent-husband is residing at USA, this

¶17

Court had directed the Registry to verify as to whether there was a

¶18

https://www.mhc.tn.gov.in/judis 2/5

¶19

Tr.C.M.P.No.860 of 2024

¶20

functional video conferencing facility at the Family Court, Chengalpet and a response in the affirmative had been received.

¶21

Taking note of the fact that the petitioner/wife is residing

¶22

at Chengalpet and the respondent-husband is employed in the USA, the request for transfer has been granted with the following directions:

¶23

(i) With the consent of both the learned

¶24

counsels, H.M.O.P.No.1800 of 2014 pending on

¶25

the file of the I Additional Family Court, Chennai shall stand withdrawn and transferred to the file of the Family Court, Chengalpet.

¶26

(ii) Considering the fact that the Family Court has a functional video conferencing facility and the respondent/husband is employed in the USA, the respondent-husband shall connect for the hearings at Family Court, Chengalpet through video conferencing.

¶27