GRAHAM MARK ROZARIIO Vs. LAKSHMI

JUDGEMENT

(1.) THE petitioner herein filed O.S. No.17 of 2010 before the Family Court, Madurai, seeking to declare that the respondent herein is not his wife.

(2.) IN the said suit, the respondent herein filed I.A. No.21 of 2013 for maintenance under Section 24 of the Hindu Marriage Act. The said I.A. No.21 of 2013 in O.S. No.17 of 2010 was rejected by the Family Court on the sole ground that the suit is not filed under Hindu Marriage Act and therefore, the petitioner therein could not invoke Section 24 of the Hindu Marriage Act. The said order is dated 03.07.2013. Thereafter, the respondent filed M.C. No.17 of 2013 under Section 125 Cr.P.C., before the Judicial Magistrate, Thirumangalam in September 2013, claiming maintenance. Thereafter, the husband has filed this petition seeking to withdraw M.C. No.17 of 2013 from the file of the Judicial Magistrate, Thirumangalam and transfer the same to the Court of Family Judge, Madurai, wherein, O.S. No.17 of 2010 is pending, for joint trial.

(3.) HEARD both sides.