Mahalakshmi v. Sivakumar
Case brief
What is this about?
Petitioner wife sought withdrawal of maintenance proceedings pending in Sub Court Periyakulam and transfer to Family Court Chennai under Section 24 CPC, citing financial inability to travel over 950 kms for hearings.
What did the court decide?
H.M.O.P.No.102 of 2021 pending at Sub Court Periyakulam was withdrawn and transferred to the Family Court, Chennai.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2022
CORAM
THE HONOURABLE MS. JUSTICE P.T.ASHA
Tr.CMP. No.173 of 2022 and C.M.P.No.3436 of 2022
Mahalakshmi ... Petitioner
Vs
Siva Kumar ... Respondent
PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw HMOP No.102 of 2021 on the file of the Sub Court Periyakulam and transfer to Family Court, Chennai.
For Petitioner : Mr.R.Bhagawat Krishna
For Respondent : No appearance
ORDER
The respondent/wife in a petition for divorce filed by the husband on the file of the Sub Court, Periyakulam in H.M.O.P.No.102 of 2021 is the petitioner before this Court. The petitioner seeks to withdraw the above proceedings pending on the file of the Sub Court, Periyakulam and transfer the same to the file of the Family Court, Chennai.
Issues for consideration
2 issues framed by the court
Whether a request by an unregistered husband-wife to transfer maintenance proceedings from a distant Sub Court to the Family Court at Chennai is maintainable.
Whether the grounds of desertion and financial strain justify the transfer of a civil matters of filing elsewhere.
Parties & counsel
- petitioner
Mahalakshmi
- respondent
Siva Kumar
Coram
P.T.Asha
Case details
As recorded by the court registry
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