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2023 Supreme(Mad) 91

S. M. SUBRAMANIAM
Surya – Appellant
Versus
Kannadasan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R. Ramesh.

ORDER :

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P. No. 99 of 2022, pending on the file of Sub Court, Viruthachalam and to transfer the same to Family Court, Chennai.

1. The petition for transfer is filed to withdraw the H.M.O.P. No. 99 of 2022, pending on the file of Sub Court, Viruthachalam and to transfer the same to the Family Court, Chennai.

2. The marriage between the petitioner and the respondent was solemnised on 24.03.2019 as per the Hindu Rites and Customs. Due to misunderstanding the petitioner and the respondent are living separately. From and out of the wedlock between the petitioner and respondent a male child was born and now aged about 2 years. The respondent filed H.M.O.P. No. 99 of 2022 on the file of the Sub Court at Viruthachalam. The petitioner is residing along with her parents and she is working as Nurse in the Apollo Hospital. She has to take care of her two year old child. Therefore, she is not in a position to spend, travel and contest the case filed by the respondent.

3. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases, are well settled through the three

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