N. C. V. Aishwarya vs A. S. Saravana Karthik Sha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1221

S. ABDUL NAZEER, J. K. MAHESHWARI
N. C. V. Aishwarya – Appellant
Versus
A. S. Saravana Karthik Sha – Respondent

Advocates appeared:
For the Petitioner(s):S. Gowthaman, Abhisar Thakral, S. Muthukrishnan, Hemlata, Advocates
For the Respondent(s):Haripriya Padmanabhan, Prahu Ramasubramanian, Raghunatha Sethupathy B., Shivani Vij, K. Paari Vendhan, Advocates

ORDER

1. Leave granted.

2. This appeal is directed against the Order dated 19.11.2020 in TR.C.M.P. No.473 of 2020 whereby the High Court of Judicature at Madras has rejected the petition filed by the appellant-wife seeking transfer of a petition, F.C.O.P. No.125 of 2020 filed by her respondent-husband before the Family Court, Vellore, to the Family Court at Chennai.

3. The marriage between the appellant and the respondent was arranged and solemnized on 05.03.2020 at Kanna Mahal, Anna Salai, Vellore, in accordance with Hindu rituals and customs. It is the case of the respondent that the appellant started quarreling and fighting with the respondent for petty things and refused to consummate the marriage. The respondent filed the aforesaid F.C.O.P. No.125 of 2020 before the Family Court, Vellore, for annulment of their marriage.

4. The appellant is a resident of Chennai. She has also filed two cases. H.M.O.P. No.1741 of 2021 has been filed by her before the Family Court at Chennai against her husband for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, and M.C. Sr. No.672 of 2021 before the Family Court at Chennai for maintenance under Section 125 of the Cr.

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