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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.Subramaniam, J.
R.Vimala - Petitioner
Vs.
D.Rajesh Kumar - Respondent
Tr.CMP No.1200 of 2022 And CMP No.20682 of 2022
Decided On : 30-01-2023
Transfer Civil Miscellaneous Petition - Dissolution of marriage - Christian Rites and Customs - Marriage between petitioner and respondent was solemnised as per Christian Rites and Customs - One male and girl children were born from and out of wedlock between petitioner and respondent now aged respectively - Held, Being case, dissolution of marriage case filed by respondent in IDOP pending on file of Principal District Court is to be transferred to place, where petitioner now resides - Considering facts and circumstances, IDOP pending on file of Principal District Court stands transferred to Family Court at Chennai forthwith - Principal District Court is directed to transmit case papers to file of Family Court, within a period of four weeks from date of receipt of a copy of this order - Transfer Civil Miscellaneous Petition allowed.
ORDER :
The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in IDOP No.32 of 2022 from the file of the Principal District Court at Ramanathapuram and transfer the same to the file of the Family Court at Chennai.
2. The marriage between the petitioner and the respondent was solemnised on 17.02.2012 as per the Christian Rites and Customs. One male and girl children were born from and out of the wedlock between the petitioner and the respondent now aged 9 and 7 years respectively. Both the minor children are now living with the petitioner.
3. The respondent filed IDOP No.32 of 2022 for dissolution of marriage now pending on the file of the Principal District Court at Ramanathapuram.
4. The learned counsel for the petitioner states that the petitioner and her minor children are residing along with her aged parents at Chennai and she has to look after the children. The petitioner is unemployed and she is depending on her parents. Thus, she is not in a position to travel all along from Chennai to Ramanathapuram to contest the divorce petition filed by the respondent before the Principal District Court at Ramanathapuram.
5. In the present case, the transfer of the case is to be considered, since the petitioner and her minor children are residing along with her parents at Chennai.
6. That being the case, the dissolution of marriage case filed by the respondent in IDOP No.32 of 2022 pending on the file of the Principal District Court at Ramanathapuram is to be transferred to the place, where the petitioner now resides.
7. Considering the facts and circumstances, the IDOP No.32 of 2022 pending on the file of the Principal District Court at Ramanathapuram stands transferred to the Family Court at Chennai forthwith. The Principal District Court at Ramanathapuram is directed to transmit the case papers to the file of the Family Court at Chennai, within a period of four weeks from the date of receipt of a copy of this order.
8. With the abovesaid directions, the Transfer Civil Miscellaneous Petition stands allowed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
Transfer of marital dispute case due to the significant travel burden placed on the petitioner and child care considerations.
Transfer petitions in matrimonial cases allowed favoring wife's convenience, child care, and financial hardship under Section 24 CPC.
The spouse's convenience in matrimonial disputes is paramount for proceedings transfer under Section 24 CPC.
The importance of the wife's residence in determining jurisdiction and considering the difficulties faced by the wife in contesting proceedings at a distant location in transfer petitions for matrimo....
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