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2010 Supreme(Mad) 5231

R.S.RAMANATHAN
M. Keerthanadevi – Appellant
Versus
P. T. Thaneshwaran – Respondent


Advocates Appeared:
For the Petitioners:M. Praveen Kumar, Advocate.
For the Respondent:S. Doraisami, Advocate.

Judgment :-

1. The petitioner/wife filed the transfer petition to transfer the case in H.M.O.P.No.117 of 2009 filed by the respondent/husband on the file of the Subordinate Court, Karur, to the Family Court, Coimbatore, to be tried along with H.M.O.P.No.98 of 2010, filed by her for restitution of conjugal rights.

2. It is stated by the petitioner/wife that she is having a twins aged three years and she finds it difficult to attend the Court at Karur, and she also filed petition in H.M.O.P.No.98 of 2010, for restitution of conjugal rights. Therefore, both the cases may be tried by the Family Court, Coimbatore.

3. The respondent/husband filed a counter and contended that he filed petition in H.M.O.P.No.117 of 2010 for divorce and thereafter only the petitioner/wife filed petition in H.M.O.P.No.98 of 2010, before the Family Court, Coimbatore, and as per Section 21 (A) of the Hindu Marriage Act, 1955 (hereinafter referred to as the said Act) the latter case must be transferred to the Court where the former case is pending. Therefore, the case filed by the petitioner/wife in H.M.O.P.No.98 of 2010, has to be transferred to the Subordinate Court, Karur. The learned counsel also relied upon






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