K. Nandhini Vs K. Gnanasekaran — Madras HC (2025) — LawSathi Research

K. Nandhini Vs K. Gnanasekaran — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

I.D.O.P.No.109 of 2024 withdrawn from the file of the Family Court, Chengalpet and transferred to the file of the VII Additional Family Court, Chennai; no costs; connected miscellaneous petition (C.M.P.No.19072 of 2024) closed.

Issue for consideration

Whether the petitioner-wife's Transfer Civil Miscellaneous Petition under Section 24, Code of Civil Procedure, seeking withdrawal of I.D.O.P.No.109 of 2024 from the Family Court, Chengalpattu and its transfer to the VII Additional Family Court, Chennai, ought to be allowed.

Court's answer

On the reasons set out by the petitioner (residence at Mylapore, obligation to attend every hearing at Chengalpet, and pendency of her maintenance case M.C.No.306 of 2024 before the transferee court), her request for transfer appears reasonable.

Ratio / Principle

The Transfer Civil Miscellaneous Petition is allowed: I.D.O.P.No.109 of 2024 is withdrawn from the file of the Family Court, Chengalpet and transferred to the file of the VII Additional Family Court, Chennai, with no costs, and the connected miscellaneous petition (C.M.P.No.19072 of 2024) is closed.

Detailed headnote1 paragraphs

Madras High Court (MS. Justice P.T. Asha), Tr.C.M.P.No.864 of 2024 with C.M.P.No.19072 of 2024, order dated 14.03.2025 — Transfer Civil Miscellaneous Petition under Section 24, Code of Civil Procedure, filed by the wife (K. Nandhini) seeking withdrawal of the divorce case I.D.O.P.No.109 of 2024, filed by the respondent-husband (K. Gnanasekaran) and pending before the Family Court, Chengalpattu, and its transfer to the VII Additional Family Court, Chennai. Grounds urged: the petitioner resides at Mylapore; she must attend every hearing at Chengalpet; and her maintenance case M.C.No.306 of 2024 is already pending before the VII Additional Family Court, Chennai, showing the respondent has not provided maintenance. Finding the request reasonable, the Court allowed the petition, withdrew the case to the VII Additional Family Court, Chennai, directed no costs, and closed the connected miscellaneous petition.

Tr.C.M.P.No.864 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA

Tr.C.M.P.No.864 of 2024

C.M.P.No.19072 of 2024

K.Nandhini

...Petitioner

Vs

K.Gnanasekaran ...Respondent

PRAYER : Transfer Civil Miscellaneous Petition filed under 24 of Code

of Civil Procedure, pleased to withdraw I.D.O.P.No.109 of 2024 pending on the file of the Family Court, Chengalpattu and to transfer the same to the file of the VII Additional Family Court, Chennai.

For Petitioner : Mr.C.Raghavan For Respondent : Mr.K.Perumal

ORDER

Seeking to transfer I.D.O.P.No.109 of 2024 now pending on the

file of the Family Court, Chengalpattu, to the file of the VII Additional Family Court, Chennai, the petitioner wife has preferred the above

Transfer Civil Miscellaneous Petition.

2.The transfer has been sought on the following reasons:-

a)The petitioner is residing at Mylapore and the respondent has

filed the petition for divorce before the Family Court, Chengalpet.

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Tr.C.M.P.No.864 of 2024

b)Since the matter is pending before the Family Court, Chengelpet, petitioner has to present for every hearing.

c)The petitioner has filed M.C.No.306 of 2024 which is pending on the file VII Additional Family Court, Chennai, which clearly indicates that the respondent has not provided any maintenance to the petitioner.

3.Heard the learned counsel for the petitioner and perused the records.

4.In the light of the aforesaid reasons set out by the petitioner, her request for transfer appears to be reasonable. Therefore, the Transfer Civil Miscellaneous Petition is allowed and I.D.O.P.No.109 of 2024 is withdrawn from the file of the Family Court, Chengalpet and transferred to the file of the VII Additional Family Court, Chennai. No costs. Consequently, connected miscellaneous petition is closed.

14.03.2025

Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep

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Tr.C.M.P.No.864 of 2024

To

1.The Family Court, Chengalpattu.

2.The VII Additional Family Court, Chennai.

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Tr.C.M.P.No.864 of 2024

P.T.ASHA , J,

ep

Tr.C.M.P.No.864 of 2024 C.M.P.No.19072 of 2024

14.03.2025

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