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2023 Supreme(Mad) 260

S. M. SUBRAMANIAM
K. Maheshwari – Appellant
Versus
R. Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M. Vigneshwaran.

ORDER :

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.446 of 2022 on the file of the Sub-Court, Alandur and to transfer the same to the Sub Court, Tindivanam, Villupuram District.

The petition for transfer is filed to withdraw the H.M.O.P.No.446 of 2022 on the file of the Sub-Court, Alandur and transfer the same to the Sub Court, Tindivanam, Villupuram District.

2. The marriage between the petitioner and the respondent was solemnised on 08.06.2017 as per the Hindu Rites and Customs. Due to misunderstanding the petitioner and the respondent are living separately. From and out of wedlock between the petitioner and the respondent a female child was born and now aged about 4 years. The respondent filed H.M.O.P.No.446 of 2022 on the file of the Sub-Court, Alandur. The petitioner is residing along with her parents and she is unemployed. She has to take care of her minor girl 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 decisions of the High

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