G. SUJITHA Vs. S.MOHAN KUMAR

JUDGEMENT

(1.) This review application is filed by the petitioner / wife to review the order passed by this Court in Tr.CMP(MD)No.515 of 2022, dtd. 26/10/2022.

(2.) The Transfer Civil Miscellaneous Petition was filed by the petitioner / wife to transfer the case in HMOP.No.278 of 2021 from the file of the Family Court, Dindigul to the file of the Family Court, Coimbatore, on the ground that the petitioner's father, namely, R.Govindarajan, who is following the case as her power agent, is suffering with certain ailments. This Court, considering the stage of the proceedings in HMOP.No.278 of 2021 and also considering the fact that the petitioner is contesting the case only through her power agent, dismissed the transfer civil miscellaneous petition with a direction to the trial Court to conclude the proceedings and dispose of the petition in HMOP.No.278 of 2021 within a period of three months. To review this order, the petitioner has moved the instant application stating that certain facts have not been placed before this Court.

(3.) Learned Counsel appearing for the petitioner submitted that the petitioner has filed HMOP.No.418 of 2022 before the Principal Sub Court, Coimbatore, seeking restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act. The pendency of this application was not brought to the notice of this Court while hearing Tr.CMP(MD)No.515 of 2022. He further submitted that the issue pending before the Court at Dindigul [petition for divorce] and the Court at Coimbatore [petition for restitution of conjugal rights] are one and the same and therefore, both of them have to be heard together, in order to avoid any conflicting orders.