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2024 Supreme(Online)(SC) 3399

T.C. DHIVYAA – Appellant
Versus
G. NAMASIVAYAM – Respondent
T.P.(C) No.-002534 / 2023 17-01-2024



Advocates:
ASWATHI M.K.

The court allowed the transfer of a divorce petition to ensure convenience for the parties involved, emphasizing accessibility to justice.

Headnote:(A) Code of Civil Procedure, 1908 - Section 25 - Hindu Marriage Act, 1955 - Section 13(1)(ia) - Transfer of divorce petition - The petitioner-wife seeks transfer of a divorce petition from Family Court at Tiruchirapalli to Family Court in Bangalore - Transfer allowed based on convenience and grounds presented. (Paras 1-2)

(B) Transfer of Proceedings - The court emphasized the importance of convenience for the parties involved in divorce proceedings, allowing the transfer to facilitate better access to justice. (Paras 2-4)

Facts of the case:
The petitioner-wife filed for the transfer of a divorce petition pending in Tiruchirapalli to Bangalore for convenience.

Findings of Court:
The court directed the transfer of the case to the Family Court in Bangalore and allowed the respondent-husband to participate virtually if necessary.

Issues: The main issue was whether the transfer of the divorce petition was justified based on the convenience of the parties.

Ratio Decidendi: The court ruled that the transfer was warranted to ensure convenience and accessibility for the parties involved in the divorce proceedings.

Result: Transfer Petition is allowed.

ORDER

1. The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure , 1908 seeking transfer of a petition for divorce filed by the respondent- husband under Section 13(1)(ia) of the Hindu Marriage Act , 1955 bearing H.M.O.P. No.30/2022 titled “G. Namasivayam Vs. T.C. Dhivyaa pending before the Family Court at Tiruchirapalli, Tamil Nadu to the Family Court, Siddaiah Road, Sudhama Nagar, Bangalore District, Bangalore, Karnataka – 560 027.

2. Having heard learned counsel for the parties and on examining the grounds taken in the transfer petition, we direct transfer of H.M.O.P. No.30/2022 titled “G. Namasivayam Vs. T.C. Dhivyaa pending before the Family Court at Tiruchirapalli, Tamil Nadu to the Family Court, Siddaiah Road, Sudhama Nagar, Bangalore District, Bangalore, Karnataka – 560 027.

3. The record of the case be transferred immediately to the transferee Court.

4. Further, liberty is granted to the respondent-husband to move an appropriate application before the transferee Court for permission to participate in the Digitally signed by GEETA AHUJA Date: 2024.01.20 11:06:49 IST Reason:

    Signature Not Verified TRANSFER PETITION (CIVIL) NO. proceedings virtually. If such a request is made, the transferee Court may grant such permission and direct the personal presence of the respondent-husband only when it is absolutely necessary. Further, if examination of the outstation witnesses is required and a request is made for recording the evidence through a Court Commissioner, the transferee Court shall consider the same and pass appropriate orders.

5. The Transfer Petition is allowed on the above terms. Pending application is disposed of.

………………..............................J. (HIMA KOHLI) ……………...................................J. (AHSANUDDIN AMANULLAH) NEW DELHI; 17th JANUARY, 2024 TRANSFER PETITION (CIVIL) NO. ITEM NO.10 COURT NO.9 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS TRANSFER PETITION (CIVIL) NO. 2534/2023 T.C. DHIVYAA Petitioner(s) VERSUS G. NAMASIVAYAM Respondent(s) (FOR ADMISSION and IA No.196504/2023-EX-PARTE STAY ) Date : 17-01-2024 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Ms. Aswathi M.K., AOR Mr. Arivazhagan.A.C, Adv. For Respondent(s) Mr. T. R. B. Sivakumar, AOR Mr. Selvaraj Mahendran, Adv. UPON hearing the counsel the court made the following O R D E R The transfer petition is allowed in terms of the signed order.

Pending application is disposed of.

(Geeta Ahuja) (Nand Kishor) Assistant Registrar-cum-PS Court Master (NSH) (Signed Order is placed on the file)

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