Sheelarani v. S Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Tr.C.M.P.No.558 of 2020 and C.M.P.No.14664 of 2020 Sheelarani ..

Petitioner vs.

S.Kumar .. Respondent PRAYER : Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw I.D.O.P.No.139 of 2020 on the file of the Additional District Judge, Mettur and transfer the same to the Family Court, Erode.

For Petitioner : Mr.Ali Hussain Khan for Mr.B.Mohan For Respondent : No-appearance

O R D E R

The petition is filed to transfer I.D.O.P.No.139 of 2020 from the Additional District Judge, Mettur to the Family Court, Erode.

2. The marriage between the petitioner and the respondent was solemnized on 27.05.2018 at St.Mary's Church Mettur as per Christian Rites and Customs. The petitioner and the respondent started their matrimonial life happily. On account of difference of opinion, the petitioner and the respondent left the matrimonial home and living separately. Out of wedlock, a female child was born on 11.07.2019. Thereafter, the respondent filed a divorce petition in I.D.O.P.No.139 of 2020 on the file of the Additional District Court, Mettur. The petitioner states that she is a single working mother and depending on her elderly parents. The girl child is aged about 1 1⁄2 year old. Under these circumstances, she is not in a position to travel and defend the case for dissolution of marriage filed by the respondent before the Court, Mettur, Salem District. In view of the fact that the petitioner is residing along with her https://hcservices.ecourts.gov.in/hcservices/

old aged parents and she has to look after her 1 1⁄2 year old girl child, she cannot frequently travel and defend the case.

3. This being the factum, I.D.O.P.No.139 of 2020 pending on the file of the Additional District Court, Mettur stands transferred to the Family Court, Erode.

4.

Accordingly, the Transfer Civil Miscellaneous petition stands allowed. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar ssb To 1.The Judge, Additional District Court, Mettur 2.The Judge, Family Court, Erode.

Tr.CMP.No.558 of 2020 PP(CO) CB(10/03/2021) https://hcservices.ecourts.gov.in/hcservices/