S. M. SUBRAMANIAM
S. Punitha – Appellant
Versus
C. Yashwanth Vignesh – Respondent
ORDER :
Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.4589 of 2022 on the file of the Hon'ble II Additional Family Court, Chennai and transfer the case to the Hon'ble Additional Family Court, Coimbatore.
The petition for transfer is filed to withdraw the H.M.O.P.No.4589 of 2022 on the file of the Hon'ble II Additional Family Court, Chennai and transfer the case to the Hon'ble Additional Family Court, Coimbatore.
2. The marriage between the petitioner and the respondent was solemnised on 06.02.2019 as per the Hindu Rites and Customs. One male child was born from and out of the wedlock between the petitioner and the respondent, now aged about 2½ years. Due to misunderstanding, the petitioner and the respondent are living separately. The respondent filed H.M.O.P.No.4589 of 2022 for Restitution of Conjugal Rights, now pending on the file of II Additional Family Court, Chennai. Per contra, the petitioner filed O.P.No.1882 of 2022 for Divorce, now pending on the file of the Additional Family Court, Coimbatore.
3. The principles regarding transfer petitions, more specifically in the matters of matrimonial cases, are well settled through
Lalita A.Ranga vs. Ajay Champalal Ranga (2000) 9 SCC 355
Geeta Heera vs. Harish Chander Heera (2000) 10 SCC 304
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