Vijaya v. R.Kuppusamy
Case brief
What is this about?
The High Court allowed a transfer petition to move a divorce case from Sub Court, Kallakurichi, to Sub Court, Athur, alongside a pending maintenance petition. The court applied the principle that in matrimonial disputes, the wife's convenience takes precedence.
What did the court decide?
Case H.M.O.P.No.126 of 2016 transferred to Sub Court, Athur, to be tried with M.C.No.7 of 2016.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :20.06.2017
CORAM :
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
Tr.C.M.P.No.267 of 2017 and C.M.P.No.5053 of 2017
Vijaya ... Petitioner/Respondent
Vs. R.Kuppusamy ... Respondent/Petitioner
Petition filed under Section 24 of Civil Procedure Code, to withdraw the case, in H.M.O.P.No.126 of 2016 from the file of the Sub Court, Kallakurichi and transfer the same to the Sub Court, Athur.
For Petitioner : Mr.G.Anabayachozhan For Respondent : No appearance
O R D E R
This transfer petition is filed to withdraw the case, in H.M.O.P.No.126 of 2016 from the file of the Sub Court, Kallakurichi and transfer the same to the Sub Court, Athur.
- The petitioner is the wife and respondent is the husband. The marriage between the petitioner and the respondent was conducted on 01.06.2012. In the wedlock, a female child was born on 08.07.2013. Due to difference of opinion, the petitioner and the respondent are living separately. The petitioner has filed M.C.No.7 of 2016 before the Judicial Magistrate No.I, Athur, for maintenance of herself and her child. On receiving the notice, the respondent filed H.M.O.P.No.126 of 2016 before Sub Court, Kallakurichi for divorce against the petitioner on the ground of cruelty.
Issues for consideration
2 issues framed by the court
Whether the present petition is maintainable for transfer of the divorce case from Kallakurichi to Athur.
Whether the convenience of the wife warrants transfer of the matrimonial case to the jurisdiction where she resides.
Parties & counsel
- petitioner
Vijaya
- respondent
R.Kuppusamy
Coram
V.M.Velumani
Case details
As recorded by the court registry
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