High Court disposed of a transfer petition and two matrimonial H.M.O.Ps after parties conciliated and endorsed living together. Court exercised power under Article 227 to quash proceedings as unnecessary.
Two H.M.O.Ps (Divorce and Restitution of Conjugal Rights) and transfer C.M.P. removed from court roll and disposed off.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2015
CORAM
THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN
For Petitioner :: V.R. Anna Gandhi For Respondent :: Mrs.R. Meenal O R D E R
The transfer petition is filed by the wife seeking transfer of H.M.O.P. No. 149 of 2014 filed by the respondent/husband under Section 9 of Hindu Marriage Act for restitution of conjugal rights before the II Additional Sub Court, Villupuram, to the file of Family Court, Dharmapuri, to be tried along with H.M.O.P. No. 186 of 2014 filed by the petitioner/wife seeking divorce.
power under Article 227 of the Constitution of India, this Court withdraws the two H.M.O.Ps, namely, H.M.O.P. No. 149 of 2014 filed by the respondent/husband under Section 9 of Hindu Marriage Act for restitution of conjugal rights before the II Additional Sub Court, Villupuram and H .M.O.P. No. 186 of 2014 filed by the petitioner/wife seeking divorce, before the Family Court, Dharmapuri and disposes them off by this order, as unnecessary.
Sd/-
Asst.Registrar (CO)
/true copy/
Sub Asst. Registrar
nv
To
1) The IInd Additional Sub-ordinate Judge,
The II Additional Sub Court, Villupuram
2) The Judge, The Family Court, Dharmapuri.
+1 cc to Mr.V.R.AnnaGandhi, Advocate,sr.36545,
+1 cc to Mrs.R.Meenal, Advocate, sr.36645.
Tr.C.M.P. No. 518 of 2014
ev(co)
kra(03/08)
2 issues framed by the court
Whether High Court should withdraw and dispose off pending matrimonial petitions after parties reach a settlement and endorse living together.
Whether transfer petition for restitution of conjugal rights needs further proceedings after conciliation.
2 provisions across 2 enactments
Mrs. R. Meenal
V.R. Anna Gandhi
N. Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
