Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of matrimonial case to place `K', where three other cases filed by wife are already pending - No prejudice would be cause to both the parties - Moreover, considering the convenience of wife, who is an unemployed, request of wife to transfer case is justified - Transfer application..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case at the instance of wife - Most important factor for transfer of a matrimonial case is convenience of wife...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - At the instance of wife - While considering transfer of matrimonial case at the instance of wife, Court is to consider family condition of wife, custody of minor child, economic condition of wife, her physical health and earning capacity of husband and most important, convenience of wife i.e she..........
Civil Procedure Code, 1908, Section 24 -- Transfer of application for custody of child - Convenience of child has to be given preference and weightage while transferring application for custody of child...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Inconvenience of Power of Attorney Holder, cannot be taken as a ground to order transfer of a case...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of application for custody of child and husband sought transfer of divorce petition - Child is a permanent resident of Palakkad - Since both husband and wife filed application under Guardians and Wards Act for custody of child, necessarily child will have to be produced before..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Generally, it is wife's convenience which must be looked at while considering transfer petition...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife is a young lady aged about 21 years staying alone along with her aged parents - She does not have any source of income of her own as she is not employed and is totally dependent on her parents for her livelihood - It is difficult for her to travel all the way from Chennai to Vellore to attend..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Power of appellate Court - Appellate Court can very well decide an issue which was not decided by trial Court or Tribunal so as to finally determine the suit or petition. ( Para 16)..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Matter pending in a Court at a distance of 60 kilometers which are adjoining districts - Small distance not overwhelming reason to order transfer of matter - Application dismissed...........
