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2023 Supreme(Mad) 360

S. M. SUBRAMANIAM
S. Sindhuja – Appellant
Versus
B. Deepak Yadav – Respondent


Advocates Appeared:
For the Petitioner: Mr. K. Varadha Kamaraj.
For the Respondent:Mr. S.T. Raja for M/s. Om Sai Ram Advocates.

ORDER :

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the H.M.O.P.No.179 of 2021 from the file of the Family Court, Trichy and transfer the same to the file of the Family Court, Karaikal for disposal along with H.M.O.P.No.81 of 2021.

The petition for transfer is filed to withdraw the H.M.O.P.No.179 of 2021 from the file of the Family Court, Trichy and transfer the same to the Family Court, Karaikal to be tried along with H.M.O.P.No.81 of 2021.

2. The marriage between the petitioner and the respondent was solemnised on 01.06.2014 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.179 of 2021 for Divorce on the file of Family Court, Trichy. Per contra, the petitioner filed H.M.O.P.No.81 of 2021 for Restitution of Conjugal Rights on the file of the Family Court, Karaikal.

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,

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