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Gana Saraswathi v. H. Raghu Prasad

Gana Saraswathi v. H. Raghu Prasad

(Supreme Court Of India)

Transfer Petition (Civil) No. 370 of 1999 | 20-09-1999

S.P. Bharucha, J.

1. This is a transfer petition by the wife of divorce proceedings taken by the husband in Adoni, Andhra Pradesh. The case of the wife is that this divorce petition is a counterblast to the petition for restitution of conjugal rights which had already been filed by her in the Family Court at Chennai. The petition for restitution of conjugal rights being the earlier petition and having regard to the situation of the wife, it is appropriate that this transfer petition be allowed.

2. Accordingly, OP No. 3 of 1998 pending in the Court of the Sub-Judge, Adoni, Andhra Pradesh shall stand transferred to the IInd Additional Family Court, Chennai. The respondent shall be at liberty to apply to the Family Court, Chennai that the divorce petition and the petition for the restitution of conjugal rights be heard together.

3. No order as to costs.

Advocate List
  • For th Appellant --------- For the Respondent -------
Bench
  • HON'BLE MR. JUSTICE S.S.M. QUADRI
  • HON'BLE MR. JUSTICE S.P. BHARUCHA
  • HON'BLE MR. JUSTICE S.N. PHUKAN
Eq Citations
  • (2000) 10 SCC 277
  • LQ/SC/1999/905
Head Note

Family and Personal Laws — Divorce — Proceedings — Transfer of — Divorce petition being a counterblast to petition for restitution of conjugal rights — Petition for restitution of conjugal rights being earlier petition and having regard to situation of wife, transfer of divorce petition to Family Court at Chennai, allowed