K.Divya v. R.Sathish Kumar
Case brief
What is this about?
In this transfer petition, the wife sought to transfer her husband's restitution of conjugal rights petition to the Family Court to be tried jointly with her divorce suit. The court accepted the mutual consent of parties and transferred both pending proceedings to the Family Court, Coimbatore.
What did the court decide?
H.M.O.P.No.455 of 2015 and H.M.O.P.No.154 of 2015 transferred to Family Court, Coimbatore for joint trial.
What the court decided
A compact analysis
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 15.04.2016
CORAM
THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR
Tr.C.M.P.No.91 of 2016
and C.M.P.No.2041 of 2016
K.Divya ... Petitioner
R.Sathish Kumar ... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to withdraw H.M.O.P.No.455 of 2015 from the file of the Subordinate Court, Tiruppur and transfer the same to the file of Subordinate Court, Coimbatore (Camp Court, Mettupalayam) or any other Competent Court having jurisdiction.
For Petitioner : Mr.L.Santhosh Kumar
For Respondent : Mr.P.Tamilavel
The wife is the petitioner and the husband is the respondent. Husband filed H.M.O.P.No.455 of 2015 on the file of Sub-Court, Thiruppur for restitution of conjugal rights and wife filed H.M.O.P.No.154 of 2015 for divorce on the file of the Subordinate Judge, Coimbatore (Camp at Mettupalayam) for divorce. Now, the wife has come forward with the present petition seeking transfer of the husband's H.M.O.P to the file of Subordinate Judge, Coimbatore (Camp at Mettupalayam) for being tried along with her H.M.O.P.No.154 of 2015.
Issues for consideration
1 issue framed by the court
Whether the matrimonial petition filed by the husband seeking restitution of conjugal rights can be transferred to the Family Court for being tried along with the wife's divorce petition.
Parties & counsel
- petitioner
K.Divya
- respondent
R.Sathish Kumar
Coram
P.R.Shivakumar
Case details
As recorded by the court registry
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