Allowed

J.M.Jayanthi Gayathri v. N.Harihar Sudhan

Where cross petitions between spouses – a nullity petition and a restitution of conjugal rights petition

Madras HC15 Jul 2024TR CMP/493/2023

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What is this about?

Wife sought transfer of her husband's marriage-nullity petition from Family Court, Krishnagiri to Hosur, where her own restitution of conjugal rights petition was pending. To avoid conflicting judgments, the court transferred the Krishnagiri case to be heard along with the Hosur case by the same Judge.

What the court decided

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J.M.Jayanthi Gayathri Vs N.Harihar Sudhan — Matrimonial and Divorce | Madras HC (2024)

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TR.CMP.No.493 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.07.2024

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CORAM:

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THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANAN

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TR.CMP.No.493 of 2023 and CMP.No.11845 of 2023

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J.M.Jayanthi Gayathri ... Petitioner

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N.Harihar Sudhan ... Respondent

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Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code praying to withdraw the H.M.O.P.No.48 of 2023 pending on the file of learned Family Court, Krishnagiri and transfer the same to learned Principal Sub Judge, Hosur.

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For Respondent : Mr.C.Shivakumar

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ORDER

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The petitioner-wife has presented this petition to withdraw the petition

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filed by the respondent-husband in H.M.O.P.No.48 of 2023 before the Family

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https://www.mhc.tn.gov.in/judis

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TR.CMP.No.493 of 2023

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Court, Krishnagiri and to transfer it to Principal Sub Court, Hosur.

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The respondent is the permanent resident of Krishnagiri and the petitioner is currently residing in Bangalore. She married the respondent on 06.12.2019 and from the wedlock, a female child was born on 11.09.2020. The respondent-husband had initiated proceedings in H.M.O.P.No.48 of 2023 before the Family Court, Krishnagiri for declaration that the marriage is null and void. The petitioner-wife had also initiated proceedings in H.M.O.P.No.77 of 2023 before the Principal Sub Court, Hosur, for restitution of conjugal rights. The petitioner has now filed the transfer petition seeking transfer of proceedings in H.M.O.P. No.48 to 2023 to Principal Sub Court, Hosur.

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In order to avoid conflict of judgments, this Court is of the opinion that both the proceedings filed by the respondent-husband and the petitionerwife may be heard and disposed of by the same Judge. The learned counsel for the respondent has no objection for the said course of action.

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Therefore, H.M.O.P.No.48 of 2023 now pending on the file of

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https://www.mhc.tn.gov.in/judis

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TR.CMP.No.493 of 2023

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Family Court, Krishnagri is withdrawn and transferred to the file of Principal Sub Court, Hosur, to be heard and disposed of by the Principal Subordinate Judge, Hosur along with H.M.O.P.No.77 of 2023.

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With the above directions, this transfer petition is allowed. No

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costs. Consequently, connected miscellaneous petition is closed.

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15.07.2024

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Index:Yes/No Neutral Citation : Yes / No ds

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To:

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1.The Judge Family Court Krishnagiri

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2.The Judge Principal Sub Court Hosur.

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3.The Section Officer VR Section, High Court, Madras.

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https://www.mhc.tn.gov.in/judis

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TR.CMP.No.493 of 2023

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V.LAKSHMINARAYANAN,J.

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TR.CMP.No.493 of 2023

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15.07.2024

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https://www.mhc.tn.gov.in/judis

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J.M.Jayanthi Gayathri v. N.Harihar Sudhan

Case brief

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J.M.Jayanthi Gayathri v. N.Harihar Sudhan

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