The Court ordered the transfer of the husband's divorce petition from Attur Sub-Court to Kancheepuram Sub-Court to be tried jointly with the wife's restitution petition, prioritizing the wife's residence and convenience for hearings.
Transfer of H.M.O.P. No. 76/2016 from Sub-Court, Attur to Sub-Court, Kancheepuram and to be tried with H.M.O.P. No. 154/2016.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2017
CORAM :
THE HONOURABLE MS. JUSTICE V.M.VELUMANI
Tr.C.M.P. No.678 of 2016 and C.M.P.No.17726 of 2016
V.Samundeeswari ... Petitioner Vs. R.Surendar ... Respondent
Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.76 of 2016 pending on the file of the Subordinate Judge, Attur, and transfer the same to the file of the learned Subordinate Judge, Kancheepuram District and to be tried along with H.M.O.P.No.154 of 2016.
For Petitioner : Mr.G.Punniakotti For Respondent : Mr.L.Rajendran O R D E R
This petition is filed to withdraw H.M.O.P.No.76 of 2016 pending on the file of the learned Subordinate Judge, Attur, and transfer the same to the file of the learned Subordinate Judge, Kancheepuram District and to be tried along with H.M.O.P.No.154 of 2016 pending on its file.
2 issues framed by the court
Whether to withdraw the divorce petition filed by the husband in Attur and transfer it to Kancheepuram for trial along with the wife's restitution petition.
Whether the convenience of the wife as the resident party dictates the transfer of proceedings in matrimonial disputes.
Colour shows how this judgement treated each authority
Arti Rani @ Pinki Devi and another Vs. Dharmendra Kumar GuptaFollowed¶14
2008 (9) SCC 353 · Who else cites this
Sumita Singh Vs. Kumar Sanjay and anotherFollowed¶14
AIR 2002 SC 396 · Who else cites this
1 provisions across 1 enactments
V. Samundeeswari
R. Surendar
V. M. Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V. M. Velumani
Parties & counsel
