MADRAS HC STAYS ORDER IN DIVORCE CASE

MADRAS HC STAYS ORDER IN DIVORCE CASE 12/23/2008 A judge of the Madras High Court has stayed his own order, transferring a divorce case from a family court in Chennai to a court in Bangalore. Admitting a review petition filed by R Balaji of Perambur, Chennai, Justice S Rajeswaran ordered notice to Ms Manjula alias Manasi, estranged wife of Balaji, who is living in Bangalore. In his review petition, Balaji submitted that he filed a divorce case before the family court, Chennai, in 2007. At the same time, his wife also filed a domestic violence case against him in a court in Bangalore,’ he added. The petitioner said that on a petition filed by Manjula, the judge ordered to transfer the case from Chennai to Bangalore on August 18, 2008. The learned judge ought to have noticed that a pending case before a family court in Chennai could not be transferred to another state. Justice Rajeswaran also ought to have noticed that under Section 25 of CPC, which was substituted by the Act 104 of 1976, Section 11, for Section 25, with effect from 1997, only the Supreme Court (SC) has the power to transfer cases from one state to another state. The Section 22,23 and 24 of CPC do not empower the High Court to transfer of cases from one state to another state, whereas Section 25 of the CPC is a complete code dealing with substantive as well as procedural law, and only the Supreme Court has the power to transfer cases from one state to another, the petitioner claimed. ‘My estranged wife has deposed in the Additional Chief Metropolitan Magistrate Court that after the marriage she had stayed in my house. But at the same time in her transfer petition, she submitted that she never stayed in Chennai and was staying only in Bangalore, and obtained the transfer order,’ the petitioner said. Making a false statements before this court, she got the transfer order and it should be set-aside, Balaji submitted. Justice Rajeswaran posted the case on January 7, 2009 for further hearing. UNI

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