S.Kavitha v. K.Palani
Case brief
What is this about?
The wife sought transfer of the husband petition for dissolution of marriage from the Ponneri court to the Tambaram court. The Court held the Ponneri court lacked jurisdiction and allowed the transfer petition, withdrawing the original petition from the source court.
What did the court decide?
Transfer Civil Miscellaneous Petition allowed; H.M.O.P. No. 319 of 2021 withdrawn from Subordinate Court, Ponneri and transferred to Subordinate Court, Tambaram.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.04.2022
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
TR.C.M.P. NO.170 OF 2022 AND C.M.P.NO.3299 OF 2022
S.Kavitha ...Petitioner / Respondent
Vs
K.Palani ...Respondent / Petitioner
PRAYER : Petition filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.319 of 2021 pending on the file of the Subordinate Court, Ponneri and transfer the same to the Subordinate Court, Tamabaram.
For Petitioner : Mr.S. Rejina for Mr.S.Siva Kumar
For Respondent : No Appearance
ORDER
The Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of H.M.O.P.No.319 of 2021 filed by the husband for dissolution of marriage before the Subordinate Court, Ponneri, to the file of Subordinate Court, Tamabaram.
Issues for consideration
2 issues framed by the court
Whether a High Court original civil petition filed on grounds of jurisdiction can be transferred to another subordinate court.
Whether the Subordinate Court at Ponneri lacks jurisdiction to entertain the High Court original petition for dissolution of marriage.
Parties & counsel
- petitioner
S. Kavitha
- respondent
K. Palani
Coram
P.T. Asha
Case details
As recorded by the court registry
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