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Madras High CourtTR CMP/738/2022allowed

Lavanya @ Selvamary v. Ravivarman @ Appu

2022-12-19Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and C.M.P.No.12589 of 2022 Tmt. Lavanya @Selvamary ... Petitioner Vs.

Mr.Ravivarman @appu ... Respondent Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the IDOP No.134 of 2022 on the file of the learned Principal District Judge, Thiruvallur and transfer the same to any one of the Family Court at Chennai.

For Petitioner : Mr.C.Sivanesan For Respondent : Mrs.P.R.Umamaheswari

O R D E R

The petition for transfer is filed to withdraw the IDOP No.134 of 2022 on the file of the learned Principal District Judge, Thiruvallur and transfer the same to the Family Court at Chennai.

2. The marriage between the petitioner and the respondent was solemnised on 13.04.2015 as per the Christian Rites and Customs. A male child was born from and out of the wedlock between the petitioner and the respondent. Due to misunderstanding, the petitioner and the respondent are living separately. The respondent/husband has filed HMOP No.134 of 2022 for dissolution of marriage on the file of the Principal District Judge, Thiruvallur. The petitioner is unemployed and she is residing along with her parents and depending on them for her livelihood. Therefore, she is not in a position to spend, travel and contest the case filed by the respondent in HMOP No.134 of 2022 on the file of the Principal District Judge, Thiruvallur.

3. The learned counsel for the respondent has no serious objection in transferring the case.

4. Considering the facts and circumstances, the IDOP No.134 of 2022 pending on the file of the Principal District Judge, Thiruvallur stands transferred to the Family Court, Chennai. The Principal District Judge, Thiruvallur 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.

5. 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. 19.12.2022 skr/kak Index : Yes Speaking order To 1.The Principal District Judge, Thiruvallur.

2.The Judge, The Family Court, Chennai

S.M.SUBRAMANIAM, J.

skr/kak 19.12.2022