LAWS(MAD)-2018-1-36

UMASANKARI Vs. P.GANESAN

Decided On January 29, 2018
Umasankari Appellant
V/S
P.GANESAN Respondents

JUDGEMENT

(1.) The wife in the matrimonial proceedings has preferred the above Transfer Civil Miscellaneous Petition seeking to transfer of H.M.O.P.No.110 of 2015 pending on the file of the Sub Court, Tiruchengode, to any of the nearest District Court or Family Court, Erode.

(2.) The respondent/husband has filed the above H.M.O.P. seeking a declaration that the marriage between him and the petitioner/wife is a nullity. The original petition has been filed in the year 2015 on several allegations. The petitioner/wife, as the respondent in the original petition, has filed a counter affidavit in the same and the pleadings have been completed long back. As the allegations are based on certain medical reasons, the respondent/husband had preferred I.A.No.24 of 2017 seeking direction to subject the petitioner/wife to certain medical tests. The said I.A.No.24 of 2017 is kept pending till today.

(3.) In paragraph 7 of the affidavit filed in support of the transfer petition, it is stated by the petitioner that despite making an endorsement "no objection" to the said application, i.e., I.A.No.24 of 2017 has been simply adjourned by the Court and it has been kept pending for more than an year.