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Madras High CourtTR CMP/527/2022allowed

Sivakami v. Alex Sekar

2022-12-07Honourable Mr Justice S.M. Subramaniam4 pages

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.527 of 2022 and C.M.P.No.9513 of 2022 Sivakami .. Petitioner vs.

A;ex Selar .. Respondent PRAYER : This Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the case in IDOP No.1441 of 2019 from the file of the Family Court at Coimbatore and transfer the same to the file of the Family Court at Tiruppur.

For Petitioner : Mr.J.Franklin For Respondent : No appearance 1/4

O R D E R

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the IDOP No.1441 of 2019, pending on the file of the Family Court at Coimbatore and transfer the same to the file of the Family Court at Tiruppur.

2. The marriage between the petitioner and the respondent was solemnised on 23.05.2013 as per the Christian Customs. One female child was born from and out of the wedlock and is aged about 8 years now.

3. The respondent filed IDOPNo.1441 of 2019 for dissolution of marriage now pending on the file of the Family Court at Coimbatore.

4. The learned counsel for the petitioner states that the petitioner and her 8 years old female child are residing along with her aged parents and she has to look after the female child. The petitioner is unemployed and 2/4

she is depending on her parents. Thus, she is not in a position to travel all along from Tiruppur to Coimbatore to contest the divorce petition filed by the respondent before the Family Court at Coimbatore.

5. Considering the facts and circumstances, the IDOP No.1441 of 2019 pending on the file of the Family Court at Coimbatore stands transferred to the Family Court at Tiruppur forthwith. The Family Court at Coimbatore is directed to transmit the case papers to the file of the Family Court at Tiruppur, 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. 07-12-2022 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

Svn 3/4

S.M.SUBRAMANIAM, J.

Svn To 1.The Judge, Family Court, Coimbatore.

2.The Judge, Family Court, Tiruppur.

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