P.Sakthi Sridevi v. Tamilselvan
Case brief
What is this about?
Inter-court transfer of matrimonial proceedings under Section 24 CPC: Madras High Court (P.T. Asha, J., 02.04.2025) allows transfer of husband's restitution of conjugal rights petition (H.M.O.P.No.534 of 2023) from Family Court, Salem to Sub Court No.II, Coimbatore for consolidated trial with the wife's earlier-filed divorce petition (H.M.O.P.No.328 of 2023). Grounds: wife's residence and convenience at Coimbatore, unemployment, dependence on parents, non-payment of maintenance by respondent-husband. Relevant to: forum conveniens in H.M.O.P. matters, concurrent matrimonial suits, Section 24 CPC transfer practice, wife-centric transfer grounds.
What did the court decide?
Withdrawal of H.M.O.P.No.534 of 2023 from the file of the Family Court, Salem and its transfer to the file of the Sub Court No.II, Coimbatore, to be tried along with H.M.O.P.No.328 of 2023; no costs; connected miscellaneous petition (C.M.P.No.18040 of 2024) closed.