Madras High CourtTR CMP/536/2020allowed

M Megavalli v. B Shanmugasundaram

2021-02-11Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2021

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM Tr.C.M.P.No.536 of 2020 and C.M.P.No.14261 of 2020 M.Megavalli ..Petitioner Vs.

B.Shanmugasundaram ..Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw and transfer F.C.O.P.No.45 of 2020 pending on the file of Hon'ble Family Court, Chengalpattu to the Hon'ble Family Court, Karur. For Petitioner : Mrs.N.Valliamma For Respondent : Mr.Krishna Ravindran for Mr.A.Charles Darwin

J U D G M E N T

The present case on hand is filed withdraw and transfer F.C.O.P.No.45 of 2020 pending on the file of Hon'ble Family Court, Chengalpattu to the Hon'ble Family Court, Karur. 2.The marriage between the petitioner and the respondent was solemnized on 16.05.2012 as per the Hindu Rights and Customs. Out of the wedlock a female child was born on 03.09.2013, now studying in a School at Karur. The matrimonial life started happily and due to some misunderstanding, the petitioner/wife is raising allegations against the respondent. However, those allegations are to be adjudicated before the Competent Court with reference to the evidences. 3.As far as the transfer petition on hand is concerned, the petitioner submits that she is working at present at Karur and she has to take care of her child. Petitioner is residing with her parents and therefore, it would be very difficult for https://hcservices.ecourts.gov.in/hcservices/

her to travel all along from Chengalpattu to Karur, in order to defend the case filed by the respondent for Restitution of Conjugal Rights before the Family Court, Chengalpattu. 4.In view of the facts and circumstances, F.C.O.P.No.45 of 2020 now pending on the file of Family Court, Chengalpattu, stands transferred to Family Court, Karur.

5. Accordingly, the Tr.C.M.P.No.536 of 2020 stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Pns To

1. Family Court, Chengalpattu.

2. Family Court, Karur.

CA(CO) SM/03/03/2021 Tr.C.M.P.No.536 of 2020 https://hcservices.ecourts.gov.in/hcservices/