Mrs. V. Mahima Vs. Sh. V. Mahalingam
EmailAppeal: Civil Appeal No. 4268 of 2000
(Arising out of SLP (C) No. 4074 of 2000)
(Arising out of SLP (C) No. 4074 of 2000)
Petitioner: Mrs. V. Mahima
Respondent: Sh. V. Mahalingam
Apeal: Civil Appeal No. 4268 of 2000
(Arising out of SLP (C) No. 4074 of 2000)
(Arising out of SLP (C) No. 4074 of 2000)
Judges: S.B. MAJMUDAR & D.P. MOHAPATRA, JJ.
Date of Judgment: Jul 28, 2000
Head Note:
CIVIL LAW
Civil Procedure Code, 1908
Section 25 – Petitioner-wife staying at Madurai – Respondent-husband
at Chennai – Earlier had even agreed for transfer. Held that proceedings shall stand transferred to Madurai with direction to expedite the disposal.
(Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. We have heard learned Counsel for the parties finally in this appeal.
3. In our view, looking to the facts and circumstances of the case, this appeal for transfer of Case No. O.P. No. 49 of 2000 from Family Court, Chennai to Family Court, Madurai deserves to be allowed, as the petitioner-wife is staying at Madurai and the respondent-husband is at Chennai and earlier, he had agreed that the proceedings can be tried at Madurai. Accordingly, this appeal is allowed. The impugned order, ordering retransfer of the proceedings from Madurai to Chennai is set aside. The proceedings between the present parties in O.P. No. 49 of 2000 will now stand retransferred to Family Court, Madurai. In view of the fact that the matrimonial dispute is lingering since long, we deem it fit to direct the learned Judge, Family Court, Madurai to make it convenient to dispose of the transferred proceedings within a period of three months from today. A copy of this order be sent by the Registry of this Court to the Family Court, Madurai for information and necessary action. A copy of this order also be sent to the Family Court, Chennai for directing transfer of the records in O.P. No. 49/2000 to the Family Court of Madurai at the earliest so that present order can be complied with by the Family Court, Madurai. No costs.
1. Leave granted.
2. We have heard learned Counsel for the parties finally in this appeal.
3. In our view, looking to the facts and circumstances of the case, this appeal for transfer of Case No. O.P. No. 49 of 2000 from Family Court, Chennai to Family Court, Madurai deserves to be allowed, as the petitioner-wife is staying at Madurai and the respondent-husband is at Chennai and earlier, he had agreed that the proceedings can be tried at Madurai. Accordingly, this appeal is allowed. The impugned order, ordering retransfer of the proceedings from Madurai to Chennai is set aside. The proceedings between the present parties in O.P. No. 49 of 2000 will now stand retransferred to Family Court, Madurai. In view of the fact that the matrimonial dispute is lingering since long, we deem it fit to direct the learned Judge, Family Court, Madurai to make it convenient to dispose of the transferred proceedings within a period of three months from today. A copy of this order be sent by the Registry of this Court to the Family Court, Madurai for information and necessary action. A copy of this order also be sent to the Family Court, Chennai for directing transfer of the records in O.P. No. 49/2000 to the Family Court of Madurai at the earliest so that present order can be complied with by the Family Court, Madurai. No costs.
