Consolidating Legal Proceedings for Efficient Adjudication

In a significant decision, the court has allowed the transfer of multiple legal proceedings concerning a family dispute to a single court. By consolidating the cases, the court aims to streamline the legal process and ensure all matters are addressed comprehensively. This move is expected to facilitate a more efficient adjudication and benefit all parties involved. Stay tuned for more updates on this notable legal development!

Facts

  • Petitioner and respondent are residents of Bengaluru and Chennai respectively.
  • Respondent filed the first proceeding for permanent custody in the Family Court at Bengaluru.
  • Respondent also filed a divorce petition in the Family Court at Chennai which is pending.
  • Respondent filed a petition under Section 9 of the Guardians and Wards Act, 1890 for custody of the child in 2017.
  • Later, the petitioner filed a petition for restitution of conjugal rights in the Family Court at Bengaluru.
  • There are currently two pending proceedings in the Family Court at Bengaluru.
  • Respondent has filed a third divorce proceeding in the Family Court at Chennai.
  • A son was born to the petitioner and respondent on 01 June 2016.

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Decision

  • Both parties will benefit if all proceedings are heard by the same Court.
  • The transfer petition has been allowed.

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Case Title: D. RAJA RAJESWARI Vs. R. SATHISH KUMAR (2021 INSC 556)

Case Number: T.P.(C) No.-001634 / 2018

Click here to read/download original judgement

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