A. Bama vs Ashok Kumar - 2023 Supreme(Mad) 85

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 85

S. M. SUBRAMANIAM
A. Bama – Appellant
Versus
Ashok Kumar – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: A. Rajeswari.

ORDER :

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code to withdraw the HMOP No. 548 of 2022 on the file of the Family Court, Tiruchirappalli and to transfer the same to the Family Court, Chennai.

1. The petition for transfer is filed to withdraw and transfer the petition bearing HMOP No. 548 of 2022 from the file of the Family Court, Tiruchirappalli to the file of the Family Court, Chennai.

2. The marriage between the petitioner and the respondent was solemnised as per the Hindu Rites and Customs. Due to misunderstanding the petitioner and the respondent are living separately. The respondent/husband filed HMOP No. 548 of 2022 before the Family Court, Tiruchirappalli for Divorce. The petitioner/wife is unemployed and residing along with her parents at Chennai and depending on them for her livelihood. Thus, she is not in a position to travel all along from Chennai to Tiruchirappalli and contest the case filed by the respondent/husband.

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 Ben

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