IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE, J
Kanagasabapathy S/o. A.P.Krishnan – Appellant
Versus
Prithi W/o. Kanagasabapathy – Respondent
| Table of Content |
|---|
| 1. transfer petition details. (Para 2 , 3 , 4) |
| 2. balance of convenience in transfers. (Para 5) |
Order
Heard.
2. This Transfer Civil Miscellaneous Petition is filed seeking to withdraw M.O.P.No.200 of 2020 pending on the file of the Family Court, Puducherry, and to transfer the same to the competent Court at Villupuram.
3. The petitioner prayed this Court to transfer M.O.P.No.200 of 2020 from the Family Court, Puducherry to Villupuram, mainly on the ground that an earlier suit at Villupuram ended in a decree based on a mediation agreement and that execution proceedings are pending there.
4. The respondent opposes transfer stating that she lives at Puducherry, she has to take care of the minor daughter and her daily routine, and travelling to Villupuram will cause hardship.
5. A transfer petition is decided on the ends of justice and balance of convenience. The divorce case and the execution proceedings are different in nature. The divorce case concerns the marital status under the statue; execution concerns enforcement of a decree only to the extent it is legally executable.
Merely because an execution is pending at Villupuram, the divorce case need not be shifted, especia
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