S.Anuradha v. S.Saravanan
Case brief
What is this about?
The High Court of Madras allowed a transfer application under Section 24 CPC to shift a divorce case from the Family Court, Vellore, to the Family Court, Chennai, citing the petitioner's residence and employment in Chennai.
What did the court decide?
F.C.O.P. No.111 of 2020 pending in the Family Court, Vellore was withdrawn and transferred to the Family Court, Chennai.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.10.2020
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
Tr. C.M.P. No.450 of 2020 and C.M.P. No.10181 of 2020
S.Anuradha ... Petitioner -vsS.Saravanan ... Respondent
Prayer: Petition filed under Section 24 of C.P.C to withdraw the case in F.C.O.P. No.111 of 2020 from the file of the Family Court, Vellore and transfer it to any one of the Family Courts at Chennai.
For Petitioner : Mr.Sundaram for
Mr.S.Thirumavalavan
For Respondent : Mr.R.Venkatraman
The Transfer C.M.P. has been filed by the petitioner to withdraw and transfer the F.C.O.P. No.111 of 2020 pending on the file of the Family Court, Vellore to the file of any one of the Family Courts at Chennai.
2.Learned counsel appearing for the petitioner would submit that after solemnisation of marriage on 09.02.1998 at Vaniga Vysya Kalyana Mandapam, Vellore as per the Hindu rights and customs, the petitioner resigned her job from SRMC Hospital as Ward Receptionist. Learned counsel appearing for the petitioner would further submit that at the time of marriage, the respondent informed the petitioner that he was a partner in Sri Siva Sakthi Associates and was earning sufficiently to run the family. Later on, it was noticed that the respondent's family has given a false information, but, the respondent was working in the said finance company and earning a sum of Rs.700/- per month. Since the income received by the respondent was not sufficient enough to lead a decent life to cope with the family, the petitioner joined Sri Ramachandra Medical College for the welfare of the family on the request of the respondent. Since there was a difference of opinion due to frivolous misunderstanding, the respondent filed F.C.O.P. No.111 of 2020
Issues for consideration
2 issues framed by the court
Whether a civil matter pending before the Family Court, Vellore should be transferred to the Family Court, Chennai to facilitate convenience of the parties.
How to balance the hardship of travel for the petitioner residing in Chennai with the respondent residing in Vellore.
Parties & counsel
- petitioner
S.Anuradha
- respondent
S.Saravanan
Coram
T.Raja
Case details
As recorded by the court registry
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