S.Divya v. P.Balaji
Case brief
What is this about?
The court allowed a transfer petition to move a divorce case from the Kumbakonam court to the Coimbatore court. The transfer was sanctioned as the petitioner-wife resides in Coimbatore and faces significant travel difficulties to Kumbakonam for trial proceedings.
What did the court decide?
Perslide Civil Miscellaneous Petition No.90 of 2022 allowed; transfer of H.M.O.P.No.180 of 2021 to the Principal Subordinate Court, Coimbatore.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.03.2022
CORAM
THE HON'BLE MS.JUSTICE P.T.ASHA
TR.C.M.P.NO.90 OF 2022 AND C.M.P.NO.1705 OF 2022
S.Divya
... Petitioner/ Respondent
Vs
P.Balaji ... Respondent/ Petitioner
PRAYER:
Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the petition in H.M.O.P.No.180 of 2021 from the file of the Principal Subordinate Court, Kumbakonam and transfer the same to the file of the Principal Subordinate Court, Coimbatore.
For Petitioner : Mr.L.Mouli For Respondent : Served – No appearance O R D E R
Issues for consideration
2 issues framed by the court
Whether a petition for withdrawal and transfer of a divorce petition from one subordinate court to another in a different jurisdiction should be allowed given the residence of the wife.
Whether the difficulty in travelling for trial and non-payment of maintenance justify the transfer.
Parties & counsel
- petitioner
S.Divya
- respondent
P.Balaji
Coram
P.T. ASHA
Case details
As recorded by the court registry
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