L. Saranya v. C. Sritharan
Case brief
What is this about?
Wife sought transfer of divorce petition filed by husband to Family Court, Erode. Court allowed transfer due to petitioner's residency in Erode, health issues, respondent's failure to appear, and convenience of proceedings.
What did the court decide?
Transfer of H.M.O.P.No.1732 of 2021 from Family Court, Coimbatore to Family Court, Erode.
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.58 of 2022 and C.M.P.No.1294 of 2022
L.Saranya ... Petitioner
-Vs-
C.Sritharan ... Respondent
PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.1732 of 2021 pending on the file of the Family Court, Coimbatore and transfer the same to the Family Court, Erode.
For Petitioner : Mr.M.Guruprasad
ORDER
The Transfer Civil Miscellaneous Petition has been filed by the wife seeking transfer of H.M.O.P.No.1732 of 2021 filed by the husband for divorce before the Family Court, Coimbatore, to the file of the Family Court, Erode.
Issues for consideration
3 issues framed by the court
Whether ordre should transfer a pending divorce petition from Coimbatore Family Court to Erode Family Court given territorial jurisdiction and health constraints.
Whether refusal of joint conjugal life due to cruelty affects the transfer decision.
Whether petitioner's ill health and residence in Erode justify transfer away from Coimbatore.
Parties & counsel
- petitioner
L.Saranya
- respondent
C.Sritharan
Coram
P.T. ASHA
Case details
As recorded by the court registry
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