Madras High CourtTR CMP/446/2020allowed

N.Sofia @ N. Sofia Arokiya Rani v. T. Vijay Amal Premkumar

2021-01-20Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Tr.C.M.P.No.446 of 2020 and C.M.P.No.9800 of 2020 N.Sofia @ Sofia Arokiya Rani .. Petitioner vs.

T.VijayAmalPremkumar .. Respondent PRAYER : Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the petition filed by the respondent in I.D.O.P.No.122 of 2020 on the file of the Principal District Court, Salem to the Principal District and Sessions Court, Chengalpattu.

(Prayer amended as per the order of this Court dated 20.01.2021 in C.M.P.No.562 of 2021 in Tr.C.M.P.No.446 of 2020) For Petitioner : Mr.R.Saravanakumar For Respondent : Mr.P.Samjapa Singh

O R D E R

The petition for transfer is filed to transfer I.D.O.P.No.122 of 2020 from the Principal District Court, Salem to the Principal District and Sessions Court, Chengalpattu.

2.The marriage between the petitioner and the respondent was solemnized on 02.07.2006 at Sacred Heart Church, Gandhi Nagar,Vellore as per the Christian Rites and Customs. On account of misunderstanding, she was forced to leave the matrimonial home. Now, she is residing at Chennai and the respondent is residing at Medavakkam, Kancheepuram District. The respondent filed I.D.O.P.No.122 of 2020 for restitution of conjugal rights before the Principal District Court, Salem. In view of the fact that the respondent is residing at Madavakkam and the petitioner is also residing at Kolathur, the case is to be transferred to the Family Court, Chengalpattu. At the outset, https://hcservices.ecourts.gov.in/hcservices/

it is contended that the petitioner and the respondent are residing nearby Chengalpattu and the case at Salem is to be transferred.

3. In view of the facts and circumstances, I.D.O.P.No.122 of 2020 pending on the file of the Principal District Court, Salem stands transferred to the Family Court, Chengalpattu. Accordingly, this Transfer Civil Miscellaneous Petition No.446 of 2020 stands allowed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssb To 1.The Principal District Judge, Salem.

2.The Judge, Family Court, Chengalpattu.

+1 cc to M/s.E.Veda bagath singh, Advocate Sr.No. 3626 +1 cc to M/s.P.Sam Japa Singh, Advocate Sr.No. 4626 Tr.CMP.No.446 of 2020 MGR(CO) RMP(16/02/2021) https://hcservices.ecourts.gov.in/hcservices/