Jemi Mahima Christy, v. S.Jones Kirubakaran
Case brief
What is this about?
The Madras High Court, Madurai Bench transferred a divorce petition from Nammakkal and a restitution of conjugal rights suit from Theni to the Principal District Court, Dindigul to facilitate joint trial, balancing the hardship faced by both parties regarding travel distances.
What did the court decide?
Transfer of I.D.O.P.No.140 of 2014 (Nammakkal) and I.D.O.P.No.12 of 2014 (Theni) to the Principal District Court, Dindigul for trial.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2015
CORAM THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P(MD)No.229 of 2014 and M.P(MD)No.1 of 2014
Jemi Mahima Christy ... Petitioner
Vs.
S.Jones Kirubakaran ... Respondent
Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw and transfer I.D.O.P.No.140 of 2014 on the file of the Principal District Court, Nammakkal to be tried along with I.D.O.P.No.12 of 2014 on the file of Principal District Court, Theni.
For Petitioner : Mr.D.Sadiq Raja For Respondent : Mr.K.Sekar
ORDER
The Transfer Civil Miscellaneous Petition is filed to withdraw and transfer I.D.O.P.No.140 of 2014 on the file of the Principal District Court, Nammakkal to be tried along with I.D.O.P.No.12 of 2014 on the file of Principal District Court, Theni.
- The petitioner herein is the wife and the respondent is the husband. The marriage was solemnized between the petitioner and the respondent on 25.07.2013 as per the Christian Customs in the "Assemblies of God" Church, Devanankurichi, Tiruchankodu Taluk, Nammakkal District. The said marriage is a second marriage for both the petitioner and the respondent. Due to some misunderstanding, the respondent left the petitioner at her parents house. The petitioner gave a complaint before the All Women Police Station, Theni and file a petition in I.D.O.P.No.12 of 2014 before the Principal District Court, Theni for restitution of conjugal rights. While so, the respondent filed I.D.O.P.No.140 of 2014 before the Principal District Court, Nammakkal for divorce.
Issues for consideration
1 issue framed by the court
Whether to transfer the divorce petition filed in Nammakkal and the restitution of conjugal rights suit filed in Theni to a common forum for trial.
Parties & counsel
- petitioner
Jemi Mahima Christy
- respondent
S.Jones Kirubakaran
Coram
V.M. Velumani
Case details
As recorded by the court registry
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