Tr.CMP No.1254 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27-01-2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

Tr.CMP No.1254 of 2022

And

CMP No.21309 of 2022

J.Sathiyavani

.. Petitioner

vs.

S.Nijanthan

.. Respondent

PRAYER : This Transfer CMP is filed under Section 24 of the Civil

Procedure Code, to withdraw the case in HMOP No.226 of 2022 from the file

of the III Additional Family Court at Chennai and transfer the same to the file

of the Family Court at Chengalpattu.

For Petitioner : Mr.D.Ravichander

For Respondent

: Mr.S.Vivek

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Tr.CMP No.1254 of 2022

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to

withdraw the case in HMOP No.226 of 2022 from the file of the III

Additional Family Court at Chennai and transfer the same to the file of the

Family Court at Chengalpattu.

2. The marriage between the petitioner-wife and the respondent-

husband was solemnised on 23.01.2013 as per Hindu Rites and Customs.

One male baby was born out of the wedlock between the petitioner and the

respondent. The child is under the custody of the petitioner. Due to

misunderstanding the petitioner and the respondent are now living separately.

3. The learned counsel for the petitioner states that initially she

stayed at Purasawakkam at Chennai and hence she filed petition for

dissolution of marriage before the III Additional Family Court at Chennai.

The petitioner is unemployed and now she and her male minor child are living

with her parents at Guduvanchery. The petitioner and her male minor child

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Tr.CMP No.1254 of 2022

are depending on her parents in all respects. Thus she is not in a position to

travel all along from Guduvancherry to Chennai to contest the divorce case

filed by her before the III Additional Family Court at Chennai.

4. On 25.01.2023, the respondent-husband appeared in person

before this Court and made a submission that he is willing for re-union and in

view of the said submission, this Court directed the petitioner to be present

along with the child before this Court on 27.01.2023.

5. Today i.e., on 27.01.2023, when the matter is taken up for

further hearing, both the petitioner along with the child and the respondent are

present before this Court.

6. The petitioner-wife made a submission that for the past about 4

years she is living separately along with her minor male child in her parents

house at Guduvancherry. The respondent-husband has not even paid any

monthly maintenance for the welfare of the child so far. The petitioner-wife

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Tr.CMP No.1254 of 2022

further says that even in the year 2017, when she left the respondent-husband,

he was earning a substantial amount as salary in Singapore and as of now, he

is earning more than that.

7. Despite the fact that the respondent-husband is earning

substantial amount as salary in Singapore, he has not paid the maintenance

even to his own child. Regarding the matrimonial disputes, the parties are at

liberty to adjudicate the same in the divorce petition filed.

8. The learned counsel for the respondent, based on the instructions

given by the respondent, made a submission that the respondent is ready and

willing to pay the Interim Maintenance of Rs.20,000/- per month to the child.

The respondent has given an undertaking to pay Interim Maintenance of

Rs.20,000/- per month.

9. The respondent, being the father, is responsible for the

maintenance of the child. Thus he has to share the maintenance along with the

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Tr.CMP No.1254 of 2022

petitioner for the livelihood of the child, which is now with the custody of the

petitioner-wife. The Interim Maintenance of Rs.20,000/- per month is

directed to be paid by the respondent to the petitioner on or before the 10^th

day of