S. Jothi v. P. Saravanan
Case brief
What is this about?
In a transfer petition, the High Court of Madras allowed shifting matrimonial proceedings from Chennai to Ramanathapuram. The court noted the petitioner-wife's residence and inability to travel to contest the husband's divorce suit in Chennai.
What did the court decide?
Transfer of HMOP No.4235 of 2021 from I Additional Family Court, Chennai to Sub Court, Mudukulathur, Ramanathapuram District.
What the court decided
Tr.CMP No.96 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07-12-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
Tr.C.M.P.No.96 of 2022
and
C.M.P.No.1808 of 2022
S.Jothi
.. Petitioner
vs.
P.Saravanan .. Respondent
PRAYER : This Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the case in HMOP No.4235 of 2021 from the file of the I Additional Family Court, Chennai and transfer the same to the file of the Sub Court at Mudukulathur, Ramanathapuram District.
Issues for consideration
3 issues framed by the court
Whether a Transfer Civil Miscellaneous Petition to shift matrimonial proceedings from Chennai to Ramanathapuram due to the wife's residence and financial inability to travel should be allowed.
Whether Section 19 of the Hindu Marriage Act supports the transfer in cases where the wife cannot contest proceedings at the husband's venue.
Whether the petitioner has a justifiable cause to select the jurisdiction where she resides.
Parties & counsel
- petitioner
S.Jothi
- respondent
P.Saravanan
Coram
S.M.Subramaniam
Case details
As recorded by the court registry
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