B. Surya v. S.Jayaraj
Case brief
What is this about?
The Single Judge allowed the transfer petition to move a divorce petition from Trichirapalli to Tambaram to consolidate it with the petitioner's restitution petition, citing financial inability to travel and protection of the wife's interests.
What did the court decide?
The H.M.O.P.No.278 of 2021 is transferred to the Sub-Court, Tambaram to be tried along with the existing petition; case papers to be transmitted within four weeks.
What the court decided
Tr.C.M.P.No.995 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
Tr.C.M.P.No.995 of 2022 and C.M.P.No.17019 of 2022
Mrs.B.Surya
... Petitioner
Vs.
Mr.S.Jayaraj ... Respondent
Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the H.M.O.P.No.278 of 2021 on the file of Principal Sub-Court, Trichirapalli to try along with H.M.O.P.No.273 of 2021 filed by this petitioner on the file of Sub-Court, Tambaram.
For Petitioner : Mr.A.N.Rajan For Respondent : Mr.S.S.Santhoshkumar
Issues for consideration
3 issues framed by the court
Whether a transfer petition to consolidate matrimonial proceedings should be allowed when the wife faces financial hardship and travel difficulties.
Whether the amended Section 19 of the Hindu Marriage Act necessitates transfer to the jurisdiction where the wife resides for her protection.
Whether maintenance pending under Section 125 Cr.P.C. constitutes a justifiable cause for transferring jurisdiction in matrimonial disputes.
Parties & counsel
- applicant
Mrs.B.Surya
- respondent
Mr.S.Jayaraj
Coram
S.M.Subramaniam
Case details
As recorded by the court registry
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