M.Deepika @ Priscilla v. R. Balasubramaniam @ David

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07-12-2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Tr.C.M.P.No.512 of 2022 and C.M.P.No.9356 of 2022 M.Deepika @ Priscilla .. Petitioner vs.

R.Balasubramaniam @ David .. Respondent PRAYER : This Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the case in IDOP No.644 of 2022 from the file of the VII Additional Family Court at Chennai and transfer the same to the file of the Family Court at Vellore.

For Petitioner : Ms.S.Priyadharshini For Respondent : No Such Person 1/6

O R D E R

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the IDOP No.644 of 2022, pending on the file of the VII Additional Family Court at Chennai and transfer the same to the file of the Family Court at Vellore.

2. The marriage between the petitioner and the respondent was solemnised on 08.09.2014 as per the Christian Customs. One female child was born from and out of the wedlock and now living with the petitioner.

3. The respondent filed IDOPNo.644 of 2022 for dissolution of marriage now pending on the file of the VII Additional Family Court at Chennai.

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4. The learned counsel for the petitioner states that the petitioner and her female child are residing along with her aged parents and she has to look after the female child. The petitioner is unemployed and she is depending on her parents. Thus, she is not in a position to travel all along from Vellore to Chennai to contest the divorce petition filed by the respondent before the VII Additional Family Court at Chennai.

5. Considering the facts and circumstances, the IDOP No.644 of 2022 pending on the file of the VII Additional Family Court at Chennai stands transferred to the Family Court at Vellore forthwith. The VII Additional Family Court at Chennai is directed to transmit the case papers to the file of the Family Court at Vellore, within a period of four weeks from the date of receipt of a copy of this order.

6. 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. 3/6

07-12-2022 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

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1.The VII Additional Judge, VII Additional Family Court, Chennai.

2.The Judge, Family Court, Vellore.

S.M.SUBRAMANIAM, J.

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