K. Janani v. M.D. Aravind
Case brief
What is this about?
Petitioner prayed for withdrawal and transfer of Section 125 CPC proceedings to consolidate them with related Restitution of Conjugal Rights proceedings at a different Sub Court to reduce travel burdens.
What did the court decide?
Transfer of HMOP No.32 of 2021 from Sub Court Gudiyatham to Sub Court Kovilpatti.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2022
CORAM
THE HONOURABLE MS. JUSTICE P.T.ASHA
Tr.CMP. No.303 of 2021 and C.M.P.No.7495 of 2021
K. Janani ... Petitioner/Respondent.
Vs
M.D. Aravind ... Respondent/Petitioner.
PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw the HMOP No.32 of 2021 from the file of the Sub Court, Gudiyatham and to transfer the same to the Sub Court, Kovilpatti to have joint trial along with HMOP No.68 of 2021.
For Petitioner :Mr.N.Manoharan
For Respondent : No appearance
ORDER
Issues for consideration
3 issues framed by the court
Whether a transfer petition to consolidate related matrimonial proceedings is maintainable and reasonable.
Whether the transfer would cause prejudice to the non-appearing respondent husband.
Whether the trial of Section 125 CPC proceedings should be joint with the RCR proceedings.
Parties & counsel
- petitioner
K. Janani
- respondent
M.D. Aravind
Coram
P.T.Asha
Case details
As recorded by the court registry
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