T.L.Kalpana v. Mr.D.Kumar
Case brief
What is this about?
The single judge allowed the transfer of a pending divorce petition from Sub Court Tambaram to Sub Court Vellore based on mutual consent of parties, citing convenience for the petitioner and child.
What did the court decide?
Transfer of H.M.O.P.No.371 of 2016 from Sub-Court, Tambaram to Sub-Court, Vellore.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.06.2017
CORAM :
THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P. No.15 of 2017 C.M.P.No.457 of 2017
... Petitioner/Respondent
Vs.
D.Kumar
... Respondent/petitioner
Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.371 of 2016 from the file of the Subordinate Court, Tambaram and transfer to the file of the Subordinate Court, Ranipet.
For Petitioner : Mr.R.Selvakumar
For Respondent : Mr.S.Raja
The petition is filed to withdraw H.M.O.P.No.371 of 2016 from the file of the Subordinate Court, Tambaram and transfer to the file of the Subordinate Court, Ranipet.
- The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 07.09.2014 as per Hindu rites and customs. In the wedlock, a female child was born on 20.7.2015. The grievance of the petitioner is that the respondent deserted her and her female baby on the ground that she has given birth to a female child. But suppressing this fact, the respondent filed a petition in HMOP.No.371 of 2016 before the Sub Court, Tambaram seeking divorce on the ground that he has been put to mental agony due to the cruel activities of the petitioner. It is also stated by the petitioner that though her matrimonial home is at Bangalore and his husband is employed in a Multi National Company placed at Bangalore, he filed the said petition for divorce before the Sub Court, Tambaram showing the residential proof of his brother, only with an ulterior motive to harass the petitioner.
Issues for consideration
2 issues framed by the court
Whether to transfer the matrimonial High Court Miscellaneous Original Petition from Sub Court Tambaram to Sub Court Vellore
Whether the dispute is in the interest of parties and for smooth conduct of proceedings
Parties & counsel
- petitioner
Petitioner/Wife
- respondent
Respondent/Husband
Coram
V.M.Velumani
Case details
As recorded by the court registry
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