R. Nivetha v. K.G. Muralikrishnan
Transfer of matrimonial proceedings – S.24, Code of Civil Procedure
Case brief
What is this about?
Madras High Court Tr.C.M.P.No.948 of 2024, decided 26.03.2025 by P.T.ASHA, J. Transfer petition under Section 24 CPC by wife R.Nivetha (counsel Yash Rathi R) seeking transfer of husband K.G.Muralikrishnan's (counsel D.Parthasarathy) divorce petition H.M.O.P.No.656 of 2023/2022 from Sub Court, Ambattur, Tiruvallur District to Family Court, Chennai. Dismissed: petitioner's own address in D.V.C.No.2 of 2023 before Judicial Magistrate, Ambattur (No.29/18, Indragandhi Street, Venkateshwara Nagar, Oragadam, Ambattur, Chennai-600 055) showed residence at Ambattur; post-stay H.M.O.P.No.4792 of 2024 (address alleged to be brother-in-law's) treated as filed to create jurisdiction. No costs; connected C.M.P.No.20718 of 2024 closed. Useful on residence-based venue objections and forum shopping in matrimonial transfer petitions.
What did the court decide?
Taking note of the address given by the petitioner in the D.V.C plaint and the fact that the D.V.C plaint is being prosecuted before the Judicial Magistrate's Court, Ambattur, there is no necessity to withdraw H.M.O.P.No.656 of 2023 from the file of the Sub Court at Ambattur, Tiruvallur District.