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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
Manashwini Balasundaram – Appellant
Versus
Ashwinkumar Baburaj – Respondent
| Table of Content |
|---|
| 1. jurisdiction under section 24 for case transfers. (Para 1) |
| 2. background of marriage and custody disputes (Para 2 , 3 , 4) |
| 3. arguments about jurisdiction for transfer (Para 6 , 7) |
| 4. exploration of powers and provisions for transfer (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 18 , 19 , 21 , 22) |
| 5. legal ratios regarding the transfer powers (Para 20 , 23 , 24 , 31 , 32) |
| 6. final decision on the transfer petition (Para 35 , 41 , 42 , 44) |
| 7. importance of convenience and children's welfare. (Para 36) |
| 8. facts concerning marital disputes and custody issues. (Para 39) |
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 rea
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.
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