P.Revathi v. Kanna
Case brief
What is this about?
The High Court allowed a transfer petition to move a divorce case from the Principal Subordinate Court, Trichy, to the Family Court, Ariyalur. This consolidation with a pending maintenance petition facilitated the wife's travel. The husband's appearance was dispensed with until trial commencement.
What did the court decide?
Transfer of H.M.O.P.No.135 of 2017 from Trichy to Ariyalur Family Court to be tried with M.C.No.7 of 2017; Respondent's appearance dispensed until trial starts.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2018
CORAM :
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA
Tr.C.M.P. No.701 of 2017 and C.M.P.No.14088 of 2017
P. Revathi ... Petitioner
versus Kanna ... Respondent
Prayer:- The Petition is filed under Section 24 of C.P.C. praying to withdraw the H.M.O.P.No.135 of 2017 on the file of the Hon’be Principal Sub Court, Trichy and transfer the same to the file of the Hon’ble Family Court, Ariyalur, to be tried jointly along with M.C.No.7 of 2017.
For Petitioner : Mr.R.Gokulakrishnan For Respondent : Ms.Shobana Ramasubramanian O R D E R
The transfer petition is filed by the petitioner/wife in the matrimonial dispute seeking to withdraw H.M.O.P.No.135 of 2017, filed by the respondent/husband under Section 13(i)(a)(b) of the Hindu Marriage Act for divorce, pending on the file of Principal Subordinate Court, Trichy to the file of Family Court, Ariyalur, to be tried along with M.C.No.7 of 2017.
Issues for consideration
2 issues framed by the court
Whether a transfer of a pending divorce petition from the Principal Subordinate Court, Trichy to the Family Court, Ariyalur is in the interest of justice.
Whether the respondent's difficulty in traveling to Ariyalur warrants dispensing with his appearance until the commencement of the trial.
Parties & counsel
- petitioner
P. Revathi
- respondent
Kanna
Coram
PUSHPA SATHYANARAYANA
Case details
As recorded by the court registry
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