Madras High CourtTR CMP/1178/2022disposed of

Priya @ Shanmugapriya v. S.Karthick

2023-01-09Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09-01-2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM And CMP No.20198 of 2022 Priya @ Shanmugapriya .. Petitioner vs.

S.Karthick .. Respondent PRAYER : This Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the case in HMOP No.259 of 2022 from the file of the Family Court at Tiruvallur and transfer the same to the file of the Family Court at Vellore.

For Petitioner : Mr.D.Thirumoorthy For Respondent : Ms.S.Varsha 1/6

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in HMOP No.259 of 2022 from the file of the Family Court at Tiruvallur and transfer the same to the file of the Family Court at Vellore.

2. The marriage between the petitioner-wife and the respondenthusband was solemnised on 26.10.2015 as per Hindu Rites and Customs. One male child was born on 09.07.2019 from and out of the wedlock between the petitioner and the respondent. Due to misunderstanding between the petitioner and the respondent, now they are living separately. Now the male child is with the custody of the petitioner. The petitioner and the respondent have taken a decision to join the matrimonial home and to live happily.

3. The learned counsel for the respondent made a submission that 2/6

the respondent is willing to join with the petitioner and has taken a decision to withdraw the divorce petition filed by him in HMOP No.259 of 2022, which is pending on the file of the Family Court at Tiruvallur.

4. The learned counsel for the petitioner made a submission that the petitioner is also ready for re-union and thus they have taken a decision to live together in the interest of the child and to make their life meaningful.

5. In view of the decision taken by the petitioner and the respondent for re-union, they are permitted to withdraw HMOP No.259 of 2022 pending on the file of the Family Court at Tiruvallur.

6. The respondent shall make necessary submission in this regard before the Family Court at Tiruvallur and the Family Court at Tiruvallur shall permit the respondent to withdraw HMOP No.259 of 2022, if necessary by advancing the hearing date.

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7. Accordingly, the present Transfer Civil Miscellaneous Petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 09-01-2023 Speaking Order/Non-Speaking Order.

Internet : Yes/No.

Index: Yes/No.

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1.The Judge, Family Court, Tiruvallur.

2.The Judge, Family Court, Vellore.

S.M.SUBRAMANIAM, J.

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