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2023 Supreme(Mad) 167

S. M. SUBRAMANIAM
Yoga Priya – Appellant
Versus
Kishore Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.G.V.Sridharan
For the Respondent: Mr.V.Balamurugan

ORDER :

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P.No.160 of 2022 from the file of Family Court, Cuddalore and transfer to the file of Family Court at Chennai.

The petition for transfer is filed to withdraw H.M.O.P.No.160 of 2022 from the file of Family Court, Cuddalore 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 15.02.2021 as per the Hindu Rites and Customs. Due to misunderstanding the petitioner and the respondent are living separately. The respondent filed H.M.O.P.No.160 of 2022 on the file of the Family Court at Cuddalore. The petitioner is residing along with her parents and working in Chennai. Therefore, she is not in a position to 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 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:

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