M.Subashree v. M.Krishna Nivas
Case brief
What is this about?
The High Court transferred a divorce petition filed in Chennai to a Sub-Court in Uthamapalayam. Citing the convenience of the wife who resides over 550km away, the court held that transfer applications in matrimonial disputes should prioritize the wife's comfort.
What did the court decide?
Ordered withdrawal of O.P.No.2862 of 2016 from I Additional Family Court, Chennai and transfer to Sub Court, Uthamapalayam.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2017
CORAM :
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
M.Subashree ... Petitioner Vs. M.Krishna Nivas ... Respondent Prayer: Petition has been filed under Section 24 of C.P.C., to transfer the O.P.No.2862 of 2016 pending on the file of I Additional Family Court at Chennai, to the Sub-Court, Uthamapalayam.
For Petitioner : Dr.S.Padma For Respondent : No appearance O R D E R
This transfer petition is filed to withdraw O.P.No.2862 of 2016 pending on the file of I Additional Family Court at Chennai, to the Sub-Court, Uthamapalayam.
- The petitioner is the wife and respondent is the husband. The marriage between the petitioner and respondent was conducted on 27.11.2014 as per Hindu rites and customs. Due to the difference of opinion that arose between the petitioner and respondent, they are living separately. The respondent filed O.P. No. 2862 of 2016 before I Additional Family Court, Chennai for divorce.
- According to the petitioner, she is residing along with her parents at Cumbum. The distance between Cumbum and Chennai is more than 550 kilometers and it takes more than 10 hours to reach Chennai from Cumbum. Since her parents are aged and her father had underwent surgery, and there is nobody else to accompany her to attend the Court proceedings, she finds it very difficult to travel such a long distance to attend the Court proceedings. She is not having any independent income and depending on her parents for her dayto-day expenses, including the travelling expenses. In these circumstances, she has come out with the present Transfer https://hcservices.ecourts.gov.in/hcservices/ Civil Miscellaneous Petition.
Issues for consideration
1 issue framed by the court
Whether the plea of convenience of the wife in a matrimonial dispute justifies the transfer of the pending suit to a distant Sub-Court.
Parties & counsel
- petitioner
M.Subashree
- respondent
M.Krishna Nivas
Coram
V.M.Velumaniji
Case details
As recorded by the court registry
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