Mary Cesilia v. Dr.Dinesh Vdanathan Syce

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Tr.C.M.P.No.556 of 2020 and C.M.P.No.14621 of 2020 Mary Cesilia ... Petitioner vs.

Dr.Dinesh Vedanathan Syce ... Respondent PRAYER : Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the case in O.S.No.71 of 2020 on the file of the Family Court, Puducherry and transfer the same to any one of the Family Court, Chennai.

For Petitioner : Mr.C.Jayaprakash

O R D E R

The petition is filed to transfer O.S.No.71 of 2020 from the Family Court, Puducherry to the Family Court, Chennai.

2. The marriage between the petitioner and the respondent was solemnized on 19.01.2007 as per the Christian Rites and Custom performed by Rev.I.Asir at Anandha Thirumananilayam, Puducherry. The petitioner and the respondent started their matrimonial life happily and one male child was born from and out of wedlock. The petitioner states that the respondent continuously harassed her and therefore, she was forced to leave the matrimonial home and now, she is residing along with her parents at Chennai. Her son is studying in 8th standard in Spartan Matriculation Higher Secondary School, Mogappair, Chennai. The petitioner states that the respondent filed O.S.No.71 of 2020 for dissolution of marriage before the Family Court, Puducherry and she is unable to travel all along from Puducherry to Chennai in order to defend the case filed by the respondent. The petitioner has to travel more than 400 kms in a day to defend the case at Puducherry.

3. This being the factum established, this Court is inclined to consider the petition. Accordingly, O.S.No.71 of https://hcservices.ecourts.gov.in/hcservices/

2020 pending on the file of the Family Court, Puducherry stands transferred to the Family Court, Chennai and consequently, the Transfer Civil Miscellaneous Petition No.556 of 2020 stands allowed. However, there shall be no order as to costs. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ssb To 1.The Judge, Family Court, Puducherry .

2.The Judge, Family Court, Chennai.

+1cc to Mr.C.Jayaprakash, Adv ocate Sr.4801 Tr.CMP.No.556 of 2020 smi[co] srg 19/02/2021 https://hcservices.ecourts.gov.in/hcservices/