Cynthiya Augustus Alias Cynthia Maria James v. Dawson Mark James

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P.No.16668 of 2024 Cynthiya Augustus Alias Cynthia Maria James ... Petitioner Vs.

Dawson Mark James ... Respondent Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw IDOP No.29 of 2024 on the file of District Court Udhagamandalam, Nilgiris and transfer the same to Family Court Chengalpattu or Family Court at Chennai and thus render justice. For Petitioner : M/s.A.V.Arun For Respondent : No appearance - served 1/4

O R D E R

The above Petition is filed to withdraw and transfer IDOP No.29 of 2024 pending on the file of District Court Udhagamandalam, Nilgiris to the Family Court Chengalpattu or Family Court at Chennai.

2. Reasons for seeking the transfer are as follows:- (i) The petitioner/wife and the child are not being maintained by the respondent/husband.

(ii) The petitioner/wife along with her son is residing in Chennai.

(iii) The distance between the present residence of the petitioner/wife to the District Court, Udhagamandalam, Nilgiris is more than 500 kms.

3. The respondent though served has not entered appearance either in person or through counsel. Heard the learned counsel for the petitioner. The petitioner's residence is at Nammangalam, Chrompet Road which falls within the jurisdiction of the Family Court, Chengalpattu.

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4. In the above circumstances the request for transfer appears reasonable and justified. Therefore, the Transfer Civil Miscellaneous Petition is allowed and IDOP No.29 of 2024 pending on the file of District Court Udhagamandalam, Nilgiris, is withdrawn and transferred to the file of the Family Court Chengalpattu . The presence of the respondent/husband before the Family Court, Chengalpattu is dispensed with on all hearings except for adducing evidence and for counseling No costs. Consequently, the connected Miscellaneous Petition is closed.

12.03.2025 (shr) Index : Yes/No Speaking Order: Yes/No To

1. The District Court Udhagamandalam, Nilgiris 2.The Family Court Chengalpattu.

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P.T. ASHA . J., (shr) and C.M.P.No.16668 of 2024 12.03.2025 4/4