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2022 Supreme(Mad) 923

S. M. SUBRAMANIAM
S. Krubavathi – Appellant
Versus
G. Kannan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.G.Mohammed Aseef

ORDER :

1. The petition for transfer is filed to withdraw the petition in HMOP No.389 of 2019 on the file of Sub Court, Ponneri, Tiruvallur District and transfer the same to I-Additional Principal Judge Family Court, Chennai.

2. The marriage between the petitioner and the respondent was solemnised on 17.04.2019 as per the Hindu Rites and Customs. Due to misunderstanding, the petitioner and the respondent are living separately. The petitioner is unemployed and she is residing with her parents and depending on them for her livelihood. Therefore, she is not in a position to spend, travel all along and contest the case filed by the respondent in HMOP No.389 of 2022 to declare the marriage null and void before the file of Sub Court, Ponneri, Tiruvallur District.

3. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases, are well settled through the three decisions of the High Court of Madras, in the following cases:-

(i) The Hon-ble Division Bench of the High Court of Madras in W.A.No.1181 of 2009, dated 09.07.2010, wherein in paragraphs-21 and 22, it has been observed as under:-

    “21. The domicile or citizenship of the opposite party is immaterial

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