K R SRINATHI Vs. H RAMAKRISHNAN

JUDGEMENT

(1.) This is a transfer petition filed by the petitioner-wife under S.24 of the Code of Civil Procedure (for short 'Code') for transfer of the proceedings in M. O. P. No. 475 of 1989 on the file of the Family Court, Madras to the file of District Court or Subordinate Court at Coimbatore for disposal according to law,solely on the ground of convenience.

(2.) The respondent-husband initiated the proceedings before the Family Court, Madras for divorce on the ground of cruelty. The petitioner-wife entered appearance and resisted the proceedings for divorce.

(3.) The respondent-husband opposed the transfer petition on twin grounds, viz., (1) Section 24 of the Code is inapplicable on the face of the sanguine and salutary provisions adumbrated in S. 8 of the Family Courts Act, 1984 (for short 'the Act'); and (2) Even otherwise, the convenience as a ground for transfer should have to be construed as convenience of both the parties and not the convenience of one of the parties alone to the proceedings and in that view of the matter, the balance of convenience will swing in his favour for the continuance of the proceedings in the Family Court at Madras.