K.Saranya v. E.Manigandan
Case at a glance
Outcome
Dismissed
Considering the above, the Transfer Civil Miscellaneous Petition stands dismissed
Provisions considered
Key paragraphs
- Para 77. Considering the above, the Transfer Civil Miscellaneous Petition stands dismissed. However, the presence of the petitioner/wife before the Sub Court at Alandur is dispensed with on all hearings except for adducing evidence and for counseling. No costs. 19.03.2025(shr)Index: Yes/NoSpeaking Order: Yes/NoNeutral Citation : Yes/NoTo1.…
Judgment
Tr. CMP.No.1108 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :19.03.2025CORAMTHE HONOURABLE Ms. JUSTICE P.T. ASHATr. CMP.No.1108 of 2024K.Saranya ... Petitioner Vs.E.Manigandan... RespondentPrayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw HMOP No.100 of 2024 pending on the file of Hon'ble Sub-Court, Alandur and transfer the same to the file of Hon'ble Sub-Court, Kanchipuram and pass any such orders as it may deem fit in the facts and circumstances of the case in the interest of Justice. For Petitioner: M/s.S.AnandFor Respondent: M/s.K.SumathiO R D E RThe above Petition is filed to withdraw and transfer HMOP No.100 of 2024, pending on the file of the Sub-Court, Alandur, to the Sub-Court, Kanchipuram.
HMOP.No.100 of 2024 has been filed by the respondent/husband 1/4 https://www.mhc.tn.gov.in/judis Tr. CMP.No.1108 of 2024for divorce on the ground of cruelty which is pending on the file of the Sub Court Alandur.
HMOP.No.236 of 2024 has been filed by the petitioner/wife for restitution of conjugal rights which is pending on the file of the Sub Court, Kanchipuram.
Reasons for seeking the transfer are as follows:-(i) The petitioner/wife is not being maintained by the respondent/husband. (ii) HMOP.No.236 of 2024 has been filed by the petitioner/wife for restitution of conjugal rights which is pending on the file of the Sub Court, Kanchipuram. (iii)The petitioner/wife along with her two children residing at MGR Nagar, Sriperambudur, Kanchipuram District.
Heard the learned counsel on either side and perused the records.
The respondent/husband has produced the documents to show that the petitioner/wife is residing at Uthandi which comes within the jurisdiction of the Sub Court, Alandur. The Sub Court, Kancheepuram where the petitioner seeks a transfer is not the jurisdictional Court. That 2/4 https://www.mhc.tn.gov.in/judis Tr. CMP.No.1108 of 2024apart, the distance between the petitioner’s residence to both the Sub Court at Kancheepuram as well as the Sub Court, Alandur would vary by just about 9 kilometres. That apart, the matter is pending before the Sub Court, where the presence of parties are not required for every hearing. Further, the notice in the divorce petition has been served only at the Uthandi address of the petitioner/wife, whereas the notice sent to the address at Sriperambudur where the petitioner claims to reside has been returned with the endorsement “no such person”.
Operative part
Considering the above, the Transfer Civil Miscellaneous Petition stands dismissed. However, the presence of the petitioner/wife before the Sub Court at Alandur is dispensed with on all hearings except for adducing evidence and for counseling. No costs. 19.03.2025(shr)Index: Yes/NoSpeaking Order: Yes/NoNeutral Citation : Yes/NoTo1. The Sub-Court, Alandur. 2. The Sub-Court, Kanchipuram.P.T. ASHA . J., 3/4 https://www.mhc.tn.gov.in/judis Tr. CMP.No.1108 of 2024(shr)Tr. CMP.No.1108 of 202419.03.20254/4
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Considering the above, the Transfer Civil Miscellaneous Petition stands dismissed
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 24.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.