R.Ruba v. v.Muthaiya
Case brief
What is this about?
Petitioner wife sought transfer of divorce proceeding from Sub Court, Kovilpatti due to lack of funds and travel difficulties. Court allowed transfer to Family Court, Trichy, citing wife's convenience per Apex Court precedents, overriding respondent's location and Thuraiyur Court.
What did the court decide?
Proceeding transferred to Family Court, Trichy instead of Sub Court, Thuraiyur. Sub Court Kovilpatti directed to transmit records. Connected petition closed.
What the court decided
TR.C.M.P(MD).No.735 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
TR.C.M.P(MD).No.735 of 2022 and C.M.P(MD).No.11697 of 2022
R.Ruba
... Petitioner
v.
V.Muthaiya
... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C to withdraw the case in HMOP.No.263 of 2022 on the file of the Sub Court, Kovilpatti and transfer the same to the Sub Court, Thuraiyur.
For Petitioner : Ms.J.Madhu For Respondent : No representation
Issues for consideration
3 issues framed by the court
Whether Transfer Civil Miscellaneous Petition to transfer proceeding from Sub Court, Kovilpatti to Sub Court, Thuraiyur or Family Court, Trichy on grounds of wife's convenience and lack of means shoul
Whether convenience of wife in transfer petitions of matrimonial disputes takes precedence over husband's convenience.
Whether petition should be transferred to Family Court instead of Sub Court.
Parties & counsel
- petitioner
R.Ruba
- respondent
V.Muthaiya
Coram
B.Pugalandhi
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court