E.Jenifer v. a.Franco
Case brief
What is this about?
Petitioner sought transfer of a pending restitution of conjugal rights petition filed by the respondent, who works in Vadalur, from the Family Court, Tiruchirappalli to Chennai, where she is employed. The Court held the place of the wife is preferable and allowed the transfer.
What did the court decide?
The pending I.D.O.P.No.703 of 2022 on file of Family Court at Tiruchirappalli is transferred to the Family Court at Chennai; lower court directed to transmit papers within two weeks.
What the court decided
Tr.C.M.P.No.11 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
Tr.C.M.P.No.11 of 2023 and C.M.P.No.345 of 2023
E.Jenifer .. Petitioner
vs
A.Franco .. Respondent
Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code,
to order withdraw the I.D.O.P.No.703 of 2022 on the file of the Family Court at Tiruchirappalli and to transfer the same to the file of Family Court at Chennai.
For Petitioner : Mr.R.Rajadurai For Respondent : Mr.G.Varun Gandhi for M/s.Yes Associates
Issues for consideration
2 issues framed by the court
Whether the Family Court at Tiruchirappalli has jurisdiction to try the pending restitution of conjugal rights petition between the parties.
Whether the matter should be transferred to the Family Court at Chennai considering the petitioner's employment and place of residence.
Parties & counsel
- petitioner
E.Jenifer
- respondent
A.Franco
Coram
S.M.Subramaniam
Case details
As recorded by the court registry
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