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Madras High CourtTR CMP/597/2019dismissed

V.Sasikumar v. Valli

2019-08-08Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.08.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr. C.M.P. No.597 of 2019 and C.M.P. No.17223 of 2019 V.Sasikumar ... Petitioner -vsValli ... Respondent Prayer: Petition filed under Section 24 of C.P.C to withdraw the H.M.O.P. No.159 of 2019 pending on the file of the Family Court at Cuddalore and transfer the same to the Family Court at Chennai by allowing this transfer petition.

For Petitioner : Mr.P.Prince Premkumar

O R D E R

The Transfer C.M.P. has been filed to transfer the H.M.O.P. No.159 of 2019 pending on the file of the Family Court, Cuddalore to the file of the Family Court, Chennai. 2.Learned counsel appearing for the petitioner would submit that when the petitioner and the respondent were happily living after the marriage and blessed with two children, only the respondent wife has hurriedly filed a petition in H.M.O.P. No.159 of 2019 before the Family Court, Cuddalore by making false allegations against the petitioner that all the time, he has been sitting at home, not taking care of the children and demanding dowry. As the petitioner is willing for re-union, the respondent be directed to accept the re-union for the sake of welfare of the children. Learned counsel appearing for the petitioner, producing a certificate issued by Sankara Nethralaya, Medical Research Foundation, would submit that the petitioner is having eye problem and he can be considered as 30% visually impaired.

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3.If it is the case of the petitioner that he is prepared for re-union for the welfare of the children, he can very well move a petition for restitution of conjugal rights before the competent Court and seek for re-union. But without any reason, he cannot come to this Court seeking transfer. Finding no merit or substance whatsoever, this Court is inclined to dismiss the petition and therefore, the petition is dismissed. No costs. Consequently, C.M.P. No.17223 of 2019 is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vga To 1.The Judge, Family Court, Cuddalore.

Tr. C.M.P. No.597 of 2019 and C.M.P. No.17223 of 2019 ss(co) nr 03/10/2019 https://hcservices.ecourts.gov.in/hcservices/