Alamelu v. G.Kumar
Case brief
What is this about?
The High Court transferred a pending restitution of conjugal rights petition from Omalur to Dharmapuri Family Court for joint trial with a maintenance petition. This ensures common evidence adduction and avoids conflicting decisions, as the petitioner resides in Dharmapuri.
What did the court decide?
HMOP No.101 of 2018 transferred from Sub-Court, Omalur to Family Court, Dharmapuri for joint trial; Transfer CMP closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 11.10.2018 PRONOUNCED ON : 22.10.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAVINDRAN
Transfer CMP.No.643 of 2018 and CMP.No.15854 of 2018 Alamelu ... Petitioner
Vs.
G.Kumar ... Respondent
Prayer :- Transfer Civil Miscellaneous Petition has been filed under Section 24 of CPC to withdraw the HMOP No.101 of 2018 on the file of the Sub-Judge, Omalur and transfer the same to the file of the Family Court, Dharmapuri to be tried along with FCMC No.36 of 2018. For Petitioner : Mr.M.Selvam
For Respondent : No appearance set exparte vide order dated 11.10.2018
ORDER
The petitioner is the wife. The respondent is the husband.
2.All is not well qua the marital life of the parties.
Issues for consideration
2 issues framed by the court
Whether matrimonial proceedings pending in different courts of Omalur and Dharmapuri should be transferred for joint trial.
Whether the petitioner would suffer hardship or prejudice from the transfer of proceedings from Omalur to Dharmapuri.
Parties & counsel
- petitioner
Alamelu
- respondent
G.Kumar
Coram
Ravindran
Case details
As recorded by the court registry
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