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Madras High CourtTR CMP/927/2022allowed

Jenifer Subila Kumari v. G.Antony Alex

2022-12-21Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21-12-2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Tr.C.M.P.No.927 of 2022 and C.M.P.No.15939 of 2022 S.Jenifer Subila Kumari .. Petitioner vs.

G.Antony Alex .. Respondent PRAYER : This Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the case in IDOP No.92 of 2022 from the file of the Principal Sessions Court at Kanchipuram and transfer the same to the file of the Family Court at Chennai.

For Petitioner : Mr.A.Arokiadoss For Respondent : Mr.I.P.Rajesh

O R D E R

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the IDOP No.92 of 2022 from the file of the Principal Sessions 1/4

Court at Kanchipuram and transfer the same to the file of the Family Court at Chennai.

2. The marriage between the petitioner and the respondent was solemnised on 06.02.2012 as per the Christian Customs. Due to misunderstanding between the petitioner and the respondent, they are living separately.

3. The respondent filed IDOP No.92 of 2022 for dissolution of marriage now pending on the file of the Principal Sessions Court at Kanchipuram.

4. The learned counsel for the petitioner states that the petitioner is residing along with her aged parents. The petitioner is unemployed and she is depending on her parents. Thus, she is not in a position to travel all along from Chennai to Kanchipuram to contest the divorce petition filed by the respondent before the Principal Sessions Court at Kanchipuram. 2/4

5. Considering the facts and circumstances, the IDOP No.92 of 2022 pending on the file of the Principal Sessions Court at Kanchipuram stands transferred to the file of the Family Court at Chennai forthwith. The Principal Sessions Court at Kanchipuram is directed to transmit the case papers to the file of the Family Court at Chennai, within a period of four weeks from the date of receipt of a copy of this order.

6. 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. 21-12-2022 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

Svn S.M.SUBRAMANIAM, J.

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Svn To 1.The Principal Sessions Judge, Principal Sessions Court, Kanchipuram.

2.The Judge, Family Court, Chennai.

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