Jayasindhu v. Mahendran
Case brief
What is this about?
The court transferred a restitution of conjugal rights petition from Gudalur to Attur. The petitioner, residing far from the court in Gudalur, sought transfer under Section 24 of CPC, citing inability to travel for hearings.
What did the court decide?
H.M.O.P. No. 6 of 2020 transferred from Subordinate Judge, Gudalur to Subordinate Judge, Attur.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
Tr.C.M.P.No. 25 of 2021
Jayasindhu
..Petitioner/Respondent
Mahendran
Vs ..Respondent/Petitioner
Petition filed under Section 24 of CPC to withdraw the restitution petition filed by the respondent in in HMOP No. 6 of 2020 pending on the file of Subordinate Judge, Gudalur, Nilgiris District and transfer the same to the file of Subordinate Judge of Attur, Salem District.
For Petitioner : Ms.S.Sumathi For Respondent : No apeparance
ORDER
This petition is filed to transfer H.M.O.P.No. 6 of 2020 from the Subordinate Judge, Gudalur, Nilgiris District to the Subordinate Judge of Attur, Salem District.
Issues for consideration
2 issues framed by the court
Whether a restitution of conjugal rights petition should be transferred due to the petitioner's residence and inability to travel.
Whether the principles governing transfer in matrimonial cases apply to a petition filed under Section 24 of CPC.
Parties & counsel
- petitioner
Jayasindhu
- respondent
Mahendran
Coram
S.M.Subramaniam
Case details
As recorded by the court registry
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