K.Eswari v. M.Ayyanar
Case brief
What is this about?
Transfer Civil Miscellaneous Petition filed for withdrawing divorce petition filed in one court and transferring it to another court where maintenance suit is pending. Court approved transfer to avoid conflicting decisions.
What did the court decide?
H.M.O.P.No.165 of 2020 withdrawn from Subordinate Court, Thirumangalam and transferred to file of Subordinate Court, Paramakudi to be heard along with O.S.No.139 of 2020.
What the court decided
Tr.C.M.P.(MD) No.48 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.48 of 2021 and C.M.P.(MD)No.1006 of 2021
K.Eswari ... Petitioner/Respondent -vsM.Ayyanar ... Respondent/Petitioner
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the divorce petition in H.M.O.P.No.165 of 2020 on the file of the Subordinate Court, Thirumangalam and to transfer the same to the file of the Subordinate Court, Paramakudi to be heard along with the suit for maintenance in O.S.No.139 of 2020.
For Petitioner : Mr.J.Bharathan
For Respondent : Mr.T.Veerakumar
O R D E R
The present Transfer Civil Miscellaneous Petition is filed to withdraw the divorce petition in H.M.O.P.No.165 of 2020 on the file of the Subordinate Court, Thirumangalam and to transfer the same to the file of the Subordinate Court, Paramakudi to be heard along with the suit for maintenance in O.S.No.139 of 2020.
Issues for consideration
1 issue framed by the court
Whether the divorce petition filed in one court should be transferred to another court where a maintenance suit is pending to avoid conflicting decisions.
Parties & counsel
- petitioner
K.Eswari
- respondent
M.Ayyanar
Coram
A.A.Nakkiran
Case details
As recorded by the court registry
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