Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - When convenience of wife and husband is considered, convenience of wife must prevail, more so, when wife has minor children with her...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce case filed by husband - Husband seeking transfer of case as he is now posted to a different station - Case cannot be transferred according to convenience of husband, merely because he is posted to a different station, particularly when three more cases are pending at the same place between parties...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife's convenience requires to be particularly considered in the matters of venue of proceedings in matrimonial causes while considering a transfer plea...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Sought on the ground that Presiding Officer was trying to expedite hearing of petition - High Court had directed Presiding Officer to expedite proceedings and to decide the petition within six months - Hardly any fault can be found with the conduct of Presiding Officer in expediting proceedings -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Allegation of bias against Presiding Officer of Family Court - Talking to a party in chamber by Presiding Officer of Family Courts is part of business and cannot be held as biasness on the part of Presiding Officer...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Allegation of bias against Presiding Officer of Family Court - Both the parties made request to Presiding Officer to hold a chamber counseling - Presiding Officer referred the parties to conciliation - Petitioner has not substantiated whether Presiding Officer has actually spoken to respondent in her chambers -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Transfer on allegation that a person may not get complete justice from Court is a serious issue - Once an order is passed against which respondent had consciously availed a remedy of filing a review, in such circumstances, it cannot be said that by making a bald allegation that they do not have faith or that..........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Suit for injunction and suit for partition filed in two different Courts - Outcome of one suit to impact the other suit - There is possibility of conflicting findings - In the interest of justice one suit transferred to the Court where another suit is pending...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Matrimonial dispute - Wife sought transfer of case as she does not have any independent source of income - She is dependent on her parents who are poor and she cannot bear travel expenditure to attend Court at Siddipet which is about 100 kms away from her present residence at Hyderabad and she is not getting any..........
