A. Jayanthi vs K. Shivaji - 2023 Supreme(Mad) 74

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2023 Supreme(Mad) 74

S. M. SUBRAMANIAM
A. Jayanthi – Appellant
Versus
K. Shivaji – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: R. Sampath Kumar.
For the Respondent: D. Padmanabhan.

ORDER :

Prayer: This Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the case in FCOP No. 242 of 2022 from the file of the Family Court at Vellore and transfer the same to the file of the Sub Court at Poonamallee.

1. The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in FCOP No. 242 of 2022 from the file of the Family Court at Vellore and transfer the same to the file of the Sub Court at Poonamallee.

2. The marriage between the petitioner-wife and the respondent-husband was solemnised on 16.09.2021 as per Hindu Rites and Customs. From and out of the wedlock between the petitioner and the respondent, a male child was born and now aged about 2 years. The minor child is with the custody of the petitioner.

3. The respondent-husband filed FCOP No. 242 of 2022 for restitution of conjugal rights on the file of the Family Court at Vellore.

4. The learned counsel for the petitioner states that she filed divorce petition in HMOP No. 935 of 2022 on the file of the Sub Court at Poonamallee. The petitioner is unemployed and now both the petitioner as well as the 2 year old male child are residing along with parents of the petitioner at Che