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Madras High CourtTR CMP/424/2022allowed

R.Stella Susanna v. C.Aabin Anthony Raj

2022-12-08Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and C.M.P.No.7906 of 2022 R.Stella Susanna ... Petitioner Vs.

C.Aabin Anthony Raj ... Respondent Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the case in D.O.P. No.135 of 2020 on the file of the Additional District Court-I, Tirunelveli and transfer the same to the file of the Family Court, Chennai.

For Petitioner : Mr.S.Saravanakumar For Respondent : Left

O R D E R

The petition for transfer is filed to withdraw the case in D.O.P. No.135 of 2020 on the file of the Additional District Court-I, Tirunelveli and transfer the same to the file of the Family Court, Chennai.

2. The marriage between the petitioner and the respondent was solemnized on 24.08.2018 as per Christian Rites and Customs. Due to some misunderstanding, the petitioner and the respondent are living separately. The respondent filed DOP No.135 of 2018 for dissolution of marriage now pending on the file of the Additional District Court-I, Tirunelveli. The learned counsel for the petitioner states that the petitioner is unemployed and now residing in Mylapore, Chennai. The petitioner is residing along with her parents and depending on her parents for her livelihood and thus she is not in a position to travel, spend and contest the divorce case filed by the respondent filed before the Additional District Court, Tirunelveli.

3. Considering the facts and circumstances, the DOP No.135 of 2022 now pending on the file of the Additional District Court-I, Thiruvannamalai stands transferred to the Family Court, Chennai forthwith. The Additional District Court-I, Tirunelveli is directed to transmit the case papers to the Family Court, Chennai within a period of four (4) weeks from the date of receipt of a copy of this order.

4. With the abovesaid directions, the Transfer Civil Miscellaneous Petition stands allowed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 08.12.2022 Skr/Jeni Index : Yes Speaking order To 1.The Judge, Additional District Court-I, Thiruvannamalai.

2.The Judge, Family Court, Chennai.

S.M.SUBRAMANIAM, J.

Skr 08.12.2022