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Aarthi v. R.M. Rajeshkumar

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5394 of 2016)Decided 29 Jun 2016
Civil Appeal No. 5394 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

A married couple had two related matrimonial petitions (HMOPs, i.e. petitions under the Hindu Marriage Act) pending in two different courts: one before the Subordinate Judge at Karur, Tamil Nadu, and another before the Family Court at Coimbatore. The wife approached the Supreme Court seeking a decision on which court should try the matter, to avoid the inconvenience and inconsistency of parallel proceedings.

Decision Breakdown

Both counsel agreed before the Supreme Court that both matrimonial petitions could conveniently be tried together at the Family Court, Coimbatore. The Court accordingly disposed of the appeal by transferring the Karur petition to the Family Court at Coimbatore, directing that court to consolidate both cases and dispose of them expeditiously, preferably within six months of the parties' first appearance, with the parties directed to appear on a fixed date. No costs were awarded.

Lesson Learnt

Where a couple has related matrimonial cases pending in two different courts, the Supreme Court can, often by consent of both sides, transfer and consolidate them into a single court so the dispute is resolved efficiently rather than through duplicate, potentially conflicting proceedings.

Official source (sci.gov.in)View Judgment (PDF)

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