R.Anitta Gethzial v. J.Rathina Singh Joseph Thiyaga
Case brief
What is this about?
On the joint petition of the husband and wife regarding conflicting pending matrimonial cases in two different Family Courts, the Court transferred all proceedings to the Principal District Court, Madurai to avoid conflicting judgments and facilitate hearings for the parties.
What did the court decide?
Transfer of I.D.O.P.Nos.16 and 115 of 2017 from Family Courts, Madurai and Tirunelveli to Principal District Court, Madurai for joint trial.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.06.2017 CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Tr.C.M.P.(MD). No.186 of 2017 and C.M.P.(MD).Nos.4240 and 4241 of 2017
R.Anitta Gethzial ... Petitioner
vs.
J.Rathina Singh Joseph Thiyagaraj ... Respondent
Prayer: Appeal is filed under Section 24(b) of Civil Procedure Code, praying to withdraw the proceedings in I.D.O.P.No.16 of 2017 on the file of the Family Court, Madurai and to transfer the same to the file of the Family Court, Tirunelveli.
For Petitioner : Mr.N.Subramanian For Respondent : Mr.K.Raja Prabhakaran for Mr.J.Gunaseelan Muthiah
JUDGMENT
Issues for consideration
3 issues framed by the court
Whether the pending matrimonial proceedings in Family Courts at Madurai and Tirunelveli should be transferred to a single court for trial.
Power of the High Court under Article 227 of the Constitution to transfer pending proceedings between Family Courts in terminal areas.
Whether conflicting judgments might arise if the same matrimonial petitions are tried in two different courts.
Parties & counsel
- petitioner
R. Anitta Gethzial
- respondent
J. Rathina Singh Joseph Thiyagaraj
Coram
R. Subramanian
Case details
As recorded by the court registry
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