S. M. SUBRAMANIAM
S. K. Parveen @ Parveen Banu – Appellant
Versus
M. Masthan – Respondent
ORDER :
Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the O.S. No. 57 of 2020 from the file of the Learned II Additional Family Court, Chennai and transfer the same to the Court of the Learned Subordinate Court, Tiruttani.
1. The petition for transfer is filed to withdraw the O.S. No. 57 of 2020 from the file of the II Additional Family Court, Chennai and transfer the same to the Subordinate Court, Tiruttani.
2. The marriage between the petitioner and the respondent was solemnised on 26.08.2012 as per the Muslim Rites and Customs. Due to misunderstanding the petitioner and the respondent are living separately. A female child was born from and out of wedlock between the petitioner and the respondent and now aged about 9 years. The respondent filed O.S. No. 57 of 2020 before the II Additional Family Court, Chennai.
3. The learned counsel for the petitioner states that the petitioner is unemployed and she is living with her parents. She has to take care of her daughter aged about 9 years. Therefore, the petitioner is not in a position to spend, travel all along and contest the case filed by the respondent.
4. Considering the facts and circumstances
The court has discretion to transfer matrimonial cases for convenience and specialized adjudication.
The court emphasized the importance of the wife's residence in determining jurisdiction and considered the difficulties faced by the wife in contesting proceedings at a distant location, highlighting....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.