N PAKTHAVATHSALAM Vs. K PRAMILA

JUDGEMENT

(1.) Section 24 of the Code of Civil Procedure [in short 'CPC'] deals with transfer for the purpose of consolidation of proceedings between the same parties, for the sake of convenience. For the purpose of consolidation there are certain conditions to be fulfilled. Particularly, one of the condition is that the contesting parties must be the same and the determination of rights of parties in one suit must be connected with the determination of the parties in another suit. Normally, in matrimonial matters the Courts have to take into consideration the economic soundness of either of the parties and the social status of the spouses and their behavioural pattern and the standard of life.

(2.) The interesting question that arise for consideration in the present proceeding is that though two proceedings were filed before different Courts, between the same parties, involving the same issues, the question, whether it could be transferred stands out.

(3.) For better appreciation of the matter, the brief facts of the case are as follows: