Keerthana v. Arunkumar
Case brief
What is this about?
Allowed a transfer petition to move a divorce case from the Family Court in Vellore to the Family Court in Chengalpattu, citing the petitioner's residence and travel difficulties under Section 19 of the Hindu Marriage Act.
What did the court decide?
F.C.O.P.No.71 of 2021 pending in the Family Court, Vellore transferred to the Family Court, Chengalpattu; no order as to costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
Tr.C.M.P.No.184 of 2021 C.M.P.No.5493 of 2021
Keerthana .. Petitioner
.vs.
Arun Kumar .. Respondent
PRAYER : Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the F.C.O.P.No.71 of 2021 on the file of the Family Court, Vellore and transfer the same to the Family Court, Chengalpattu.
For Petitioner : Mr.S.Anburaja For Respondent : Mr.E.Kannadasan O R D E R
The petition is filed to withdraw the F.C.O.P.No.71 of 2021 on the file of the Family Court, Vellore and transfer the same to the Family Court, Chengalpattu.
2. The marriage between the petitioner and the respondent was solemnized on 20.11.2020 as per the Hindu Rites and Customs and the petitioner and the respondent are living separately. The respondent filed a divorce petition in F.C.O.P.No.71 of 2021 before the Family Court, Vellore. The petitioner states that she is residing along with her parents at Chengalpattu. Therefore, she is not in a position to travel and contest the case filed by the respondent before the Family Court, Vellore.
Issues for consideration
2 issues framed by the court
Whether the divorce petition filed by the respondent before the Family Court, Vellore should be transferred to the Family Court, Chengalpattu where the petitioner resides.
Whether the difficulty faced by the wife in traveling to the court where the petition is pending constitutes a justifiable cause for transfer under Section 19 of the Hindu Marriage Act.
Parties & counsel
- petitioner
Keerthana
- respondent
Arun Kumar
Coram
S.M.Subramaniam
Case details
As recorded by the court registry
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