In Brief
In this transfer petition under the Code of Civil Procedure and Hindu Marriage Act, the Supreme Court addressed whether a divorce petition filed in one District Court should be transferred to another District Court where a prior petition for restitution of conjugal rights was filed. The Court held that statutory principles governing matrimonial disputes require that later petitions follow the first filed, strictly per Section 25(1) CPC. The Court rejected the husband's belated offer of maintenance as insufficient to cure prior non-payment and his failure to adequately support his unemployed wife. The transfer petition was allowed.
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