IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.07.2019

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA

Transfer CMP. No.498 of 2019

and C.M.P.No.13932 of 2019

G.A.Yashphine Mary

..Petitioner

Vs

A.Solomon

..Respondent

PRAYER:

Transfer Civil Miscellaneous Petition filed under

Section 24 of the Code of the Civil Procedure, to withdraw the

I.D.O.P.No.110 of 2019 from the file of the Family Court,

Thiruvallur and transfer the same to the Sub Court, Tambaram.

For Petitioner : Mr.A.Punithavanan

For Respondent : Mr.P.Manickannan

O R D E R

Mrs.G.A.Yashphine Mary, Wife of A.Solomon, the respondent

herein, having two children viz., Mas.Simon Benjamine aged about

2 years and Sashika Lincy aged about 5 years, has come to this

Court seeking an order for withdrawal of pending I.D.O.P.No.110

of 2019 from the file of the Family Court, Thiruvallur and to

transfer the same to the file of the Sub Court Tambaram, since

there has been a distance of 85 kms between Kelambakkam and

Tiruvallur, which could not be undertaken by her with two

children.

2. It is also stated that after the marriage was solemnized

on 23.05.2012 as per Christian religious rites and customs at

St.Thomas Moore Church, Vappampattu, Lakshminarayanan Mahal,

Tiruvallur District, they were blessed with the aforesaid two

children. Later on, the respondent never showed any love and

affection to the petitioner and the behaviour of the respondent

became deteriorating from bad to worse and ultimately, became

intolerable. Thereafter, the respondent filed IDOP No.110 of

2019 on the file of the Family Court, Tiruvallur for dissolution

of the marriage. As the petitioner is living with her parents

in Kelambakkam, Kanchipuram District, it is highly difficult for

her to undertake such a long distance of 85 kms. Therefore, she

has come to this Court for withdrawal of IDOP No.110 of 2019.

https://hcservices.ecourts.gov.in/hcservices/

3. Mr.P.Manikannan, learned counsel for respondent sought

time to file counter. But this Court, taking note of the fact

that the petitioner is having two children viz., Mas.Simon

Benjamine aged about 2 years and Sashika Lincy aged about 5

years, who are also going to school in Kelambakkam and that it

is not possible for her to travel a distance of 85 kms with her

two children, is inclined to allow the Transfer CMP.

Accordingly, the Transfer CMP is allowed The IDOP No.110 of 2019

filed by the respondent is withdrawn from the file of the Family

Court, Tiruvallur and transferred to the Sub Court, Tambaram.

The Sub Court, Tambaram is directed to take up the case and

dispose the same expeditiously on merits. No costs.

Consequently, 13932 of 2019 is closed.

Sd/-

Assistant Registrar(Insp.Cell)

//True Copy//

Sub Assistant Registrar

vri

To

1. The Family Court,

Thiruvallur.

2. The Sub Court,

Tambaram.

+1cc to Mr.A.Punithavanan, Advocate, S.R.No.64539

+1cc to Mr.P.Manikannan, Advocate, S.R.No.64508

Transfer CMP. No.498 of 2019

and C.M.P.No.13932 of 2019

RSV(CO)

RRS(22/08/2019)

https://hcservices.ecourts.gov.in/hcservices/