V.Arthi v. S.Amarnath Babu
Case brief
What is this about?
This is a transfer petition under Section 24 of the CPC. The petitioner, wife, sought to transfer the husband's divorce petition to file Principal Subordinate Judge, Villupuram where her own restitution case is pending. The court allowed the petition.
What did the court decide?
Transfer of Divorce Petition (H.M.O.P.No.656 of 2015) from Sub Court, Tambaram to Principal Subordinate Judge, Villupuram.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:05.04.2016
CORAM
THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR
Petition filed under Section 24 of the Civil Procedure Code to withdraw the case in H.M.O.P.No.656 of 2015 on the file of the Subordinate Court, Tambaram and to transfer the same to the Principal Subordinate Court, Villupuram to be tried along with H.M.O.P.No.154 of 2015.
Though the respondent was served with notice through Court and his name stands printed in the cause list, he has not chosen to enter appearance. There is also absence of representation on behalf of the respondent.
- The petitioner is the wife of the respondent and she filed H.M.O.P.No.154 of 2015 on the file of the Court of Principal Subordinate Judge, Villupruam for restitution of conjugal rights. Thereafter, the respondent filed H.M.O.P.No.656 of 2015 on the file of the Sub Court, Tambaram for divorce.
- The present Petition has been filed by the wife for the transfer of divorce petition filed by the husband on the file of the Sub Court, Tambaram to the file of Court of Principal Subordinate Judge, Villupuram to be tried along with the petition filed by her for restitution of conjugal rights.
- The respondent has not chosen to enter appearance to
Issues for consideration
1 issue framed by the court
Whether to allow a petition to withdraw a divorce case from one court and transfer it to another for trial along with a related petition.
Parties & counsel
- petitioner
Wife
- respondent
Husband
Coram
P.R. Shivakumar
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court