SUPREME COURT OF INDIA

Before:- S.P. Bharucha, Syed Shah Mohmmed quadri and S.N. Phukan, JJ.

Transfer Petition (C) No. 370 of 1999. D/d. 20.9.1999.

Gana Saraswathi - Petitioner

Versus

H. Raghu Prasad - Respondent

Civil Procedure Code, 1908, Section 25 - Transfer of case - Matrimonial Disputes - Wife's petition for conjugal rights was pending in Court at place 'C' - Husband filed divorce proceedings in Court at place 'A' in A.P., - Held, petition for conjugal rights being the earlier petition and in view of wife's situation, it was appropriate that her transfer petition be allowed.

[Para 1]

ORDER

S.P. Bharucha, J. - 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.

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