Madras High CourtTR CMP/823/2022allowed

Preethi Sukumar v. Antony Fredrick

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 and C.M.P.No.14275 of 2022 Preethi Sukumar ... Petitioner Vs.

Antony Fredrick ... Respondent Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw and transfer FCID OP.No.187 of 2022 from the file of the Family Court, Chengalpattu to the file of the Family Court, Salem. For Petitioner : Mr. K.Selvaraj For Respondent : Mr. S.B.Viswanathan

O R D E R

The petition for transfer is filed to withdraw and transfer FCID OP.No.187 of 2022 from the file of the Family Court, Chengalpattu to the file of the Family Court, Salem.

2. The marriage between the petitioner and the respondent was solemnised on 23.02.2020 as per the Christian Rites and Customs. A male child was born from and out of the wedlock between the petitioner and the respondent and now living with the petitioner. On account of matrimonial home broke down, the petitioner and the respondent are living separately. Now the petitioner is residing along with her parents and she is unemployed. The respondent filed FCID OP.No.187 of 2022 for Divorce before the Family Court, Chengalpattu and therefore, the petitioner is not in a position to contest the case by travelling all along from Salem to Chengalpattu.

3. Considering the facts and circumstances, the FCID OP.No.187 of 2022 pending on the file of the Family Court, Chengalpattu stands transferred to the Family Court, Salem. The Family Court, Chengalpattu is directed to transmit the case papers to the Family Court, Salem 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. 07.12.2022 Skr/Jeni Index : Yes Speaking order To 1.The Judge, Family Court, Salem 2.The Judge, Family Court, Chengalpattu.

S.M.SUBRAMANIAM, J.

Skr 07.12.2022