N.C.V. AISHWARYA versus A.S. SARAVANA KARTHIK SHA

N.C.V. AISHWARYA versus A.S. SARAVANA KARTHIK SHA

Given the appellant's residence in Chennai, her young age, lack of independent income, dependence on aged parents who cannot accompany her to Vellore, and the existence of two related proceedings in Chennai, the ends of justice required transfer of F.C.O.P. No.125 of 2020 from the Family Court, Vellore to the Family Court, Chennai and clubbing of the three related cases; the High Court order rejecting the transfer petition was set aside.

Parties
Appellant: N.C.V. Aishwarya; Respondent: A.S. Saravana Karthik Sha
Jurisdiction
India
Judgment Date
18 July 2022
Procedural Posture
Civil Appeal / Appeal Against High Court Order Dated 19.11.2020 Rejecting Transfer Petition Under Section 24 of the Code of Civil Procedure
Outcome
Appeal allowed
Legal Topics
Transfer of Proceedings Under Section 24 CPC, Clubbing of Related Proceedings, Restitution of Conjugal Rights Under Section 9 Hindu Marriage Act, Maintenance Under Section 125 Cr.p.c., Annulment of Marriage
Civil Procedure Matrimonial Law Family Law Transfer of Proceedings Under Section 24 CPC Clubbing of Related Proceedings Restitution of Conjugal Rights Under Section 9 Hindu Marriage Act Maintenance Under Section 125 Cr.p.c. Annulment of Marriage

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Parties

N.C.V. Aishwarya

Appellant

A.S. Saravana Karthik Sha

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order Dated 19.11.2020 Rejecting Transfer Petition Under Section 24 of the Code of Civil Procedure

Legal Issues

  1. 1 Whether the petition for transfer under Section 24 CPC should be allowed in a matrimonial dispute
  2. 2 What factors are relevant in considering transfer applications in matrimonial matters
  3. 3 Whether related proceedings pending in different courts between the same parties should be clubbed

Ratio Decidendi

Given the appellant's residence in Chennai, her young age, lack of independent income, dependence on aged parents who cannot accompany her to Vellore, and the existence of two related proceedings in Chennai, the ends of justice required transfer of F.C.O.P. No.125 of 2020 from the Family Court, Vellore to the Family Court, Chennai and clubbing of the three related cases; the High Court order rejecting the transfer petition was set aside.

Court Disposition

Appeal allowed

Orders

  • Order dated 19.11.2020 in TR.C.M.P. No.473 of 2020 set aside
  • Transfer F.C.O.P. No.125 of 2020 pending before the Family Court, Vellore to the Family Court at Chennai