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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
Manashwini Balasundaram – Appellant
Versus
Ashwinkumar Baburaj – Respondent
ORDER :
V. LAKSHMINARAYANAN, J.
1. This transfer petition presents a situation which is extremely unique. The issue being whether this Court has the jurisdiction, under Section 24 of the Code of Civil Procedure, 1908 to transfer a proceeding pending before it, to a Court subordinate to it.
Facts leading to Transfer
2. The petitioner is the wife and the husband is the respondent. They solemnized their marriage on 11.03.2016. They shifted their residence to the United States of America and thereafter, they returned to this country. Though the petitioner and the respondent have exchanged allegations as regards the reason for their return to this country, I am not dwelling into the same as it is not germane for the purpose of this case. On their return to India, the petitioner became pregnant and delivered twins on 21.08.2020. Subsequently, the couple developed disputes and differences, and separated. The wife is now residing in Coimbatore and the husband is residing in Chennai.
3. Due to such disputes, the wife decided to put an end to the matrimony and filed a petition for dissolution of marriage in HMOP.No.1937 of 2023 before the Family Court at Coimbatore. Notice was issued to the husba
High Courts have the authority under Section 24 of the Civil Procedure Code to transfer proceedings to subordinate courts, prioritizing parties' convenience and children's interests.
The Court established that the balance of convenience is a critical factor in transferring cases under Section 24 of the CPC, prioritizing the plaintiff's right to choose a suitable forum.
Rule 3(1) of the Video Linkage Rules makes it clear that the electronic video linkage facility can be used at every stage of the judicial proceedings. Rule 8(9) allays apprehension of the parties abo....
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