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2025 Supreme(Online)(Mad) 57003

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI, J
Sowbia – Appellant
Versus
Dhinesh – Respondent


Advocates:
For the Appellants/Petitioners: Mr.M.Jerin Mathew
For the Respondents: Mr.R.Gandhi Senior Counsel for Gandhi Associates

ORDER

This Transfer Civil Miscellaneous Petition is filed seeking for an order to withdraw the H.M.O.P.No.638 of 2024 on the file of the Family Court, Trichy and to transfer the same to the file of the Sub Court, Uthamapalayam to be tried along with H.M.O.P.No.253 of 2024.

2. The petitioner is the wife of the respondent. The marriage between the petitioner and the respondent was solemnized on 17.01.2022 by following Hindu rites and customs. Out of wedlock, they are blessed with a male child, who was born on 29.12.2022. Due to misunderstanding, the petitioner and the respondent are living separately. The respondent has filed the petition in HMOP.No.638 of 2024 before the Family Court, Trichy, against the petitioner for divorce. The petitioner has filed the petition in HMOP.No.253 of 2024 before the Sub Court, Uthamapalayam against the respondent for restitution of conjugal rights. Hence, the petition is filed.

3. The learned counsel for the petitioner has submitted that the petitioner is living with her male child under the care and custody of her parents at Chinnamanur of Theni District. Her parents are aged. The petitioner finds it very difficult to travel 410 km to attend the Court

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