Maheswari v. Manivel
Case brief
What is this about?
The court allowed a transfer petition to move a restitution of conjugal rights case from Sub Court, Athur to Principal Sub Court, Vridhachalam for joint trial with a pending divorce petition, prioritizing the wife's convenience.
What did the court decide?
Transfer of H.M.O.P.No.81 of 2016 to Principal Sub Court, Vridhachalam for joint trial with H.M.O.P.No.109 of 2016.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09-06-2017
CORAM :
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
Tr.C.M.P.No.654 of 2016 and C.M.P.No.17349 of 2016
Maheswari ... Petitioner/Respondent Vs. Manival ... Respondent/Petitioner Petition filed under Section 24 of Civil Procedure Code, to withdraw H.M.O.P.No.81/2016 on the file of the Sub Court, Athur and transfer it to the Principal Sub Court, Vridhachalam to be tried alongwith HMOP No.109 of 2016 on its file. For Petitioner : Mr.R.Meenal For Respondent : No appearance O R D E R This transfer petition is filed to withdraw H.M.O.P.No.81/2016 on the file of the Sub Court, Athur and transfer it to the Principal Sub Court, Vridhachalam to be tried alongwith HMOP No.109 of 2016 on its file.
- The petitioner is the wife and respondent is the husband. The marriage between the petitioner and the respondent was conducted on 20.08.2016. Due to the torture given by the respondent, the petitioner left the matrimonial house and now living with her parents at Vridhachalam. The petitioner filed H.M.O.P.No.109 of 2016 for dissolution of marriage and the same is pending before the Principal Sub Court, Vridhalachalam. On receiving the notice, the respondent filed H.M.O.P.No.81 of 2016 before Sub Court, Athur for restitution of conjugal rights.
- According to the petitioner, she is residing in a village at Vridhachalam alongwith her parents. The distance between Vridhachalam and Athur is more than 80 kilometers and it
Issues for consideration
1 issue framed by the court
Whether H.M.O.P.No.81 of 2016 for restitution of conjugal rights should be transferred to Principal Sub Court, Vridhachalam for joint trial with H.M.O.P.No.109 of 2016 to avoid conflicting decisions a
Parties & counsel
- petitioner
Maheswari
- respondent
Manival
Coram
V.M.Velumani
Case details
As recorded by the court registry
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