Tr.C.M.P.No.1315 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

Tr.C.M.P.No.1315 of 2022

and

C.M.P.No.22256 of 2022

Mrs. Sheryl vino

... Petitioner

Vs.

Mr.Nickson R

... Respondent

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure

Code, to withdraw the case in IDOP No.180 of 2022 pending on the file of

Family Court, Chengalpattu and transfer the same to the file of Family

Court, Krishnagiri.

For Petitioner

: Mr.G.TamilSelvan

For Respondent

: Mr.A.M.Bakiyanathan Easter

For Mr.D.Stalin Antony Raj

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Tr.C.M.P.No.1315 of 2022

O R D E R

The marriage between the petitioner and the respondent was

solemnised on 08.09.2021 at All Saints Church (CSI Karnataka Central

Diocese) No.1, Hosur Road, Bangalore, as per Chirstian rites and customs.

Due to certain misunderstandings, the petitioner and the respondent are

living separately. The respondent husband filed IDOP No.180 of 2022 for

divorce, which is now pending on the file of the Family Court Chengalpattu.

2. The learned counsel for the petitioner states that the petitioner is a

native of Bangalore who is employed and now residing along with her

parents at Bangalore. While so, she is not in a position to travel and contest

the divorce case filed by the respondent on the file of the Family Court at

Chengalpattu.

3.The learned counsel for the respondent raised an objection that the

petitioner is residing at Bangalore and therefore transferring the case to

Krishnagiri would not be suitable. She had already filed another case before

the Court at Bangalore and maintenance is also ordered by the competent

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Tr.C.M.P.No.1315 of 2022

court at Bangalore and in compliance of the said order the respondent is

paying monthly maintenance to the petitioner.

4.As far as the Transfer of the divorce petition is concerned, the

petitioner seeks that the said proceedings may be transferred to the Family

Court at Krishnagiri which would be more convenient for her to contest the

case in view of the shorter distance between Krishnagiri and Bangalore.

Instead, if the case is allowed to continue at Chengalpattu, it would be

difficult for her to travel and contest the case since she is employed at

Bangalore. The place of the wife is preferable in contesting the matrimonial

matters and in the present case, the petitioner is residing at Bangalore.

5. Yet another case filed by the revision petitioner is also pending

before the Court at Bangalore and considering the overall facts and

circumstances, IDOP No.180 of 2022 pending on the file of the Family

Court, Chengalpattu stands transferred to the Family Court at Krishnagiri.

The Family Court, Chengalpattu, is directed to transmit the case papers to

the Family Court at Krishnagiri, within a period of four (4) weeks from the

date of receipt of a copy of this order.

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Tr.C.M.P.No.1315 of 2022

S.M.SUBRAMANIAM, J.

sha

6. With the abovesaid directions, the Transfer Civil Miscellaneous

Petition stands allowed. However, there shall be no order as to costs.

Consequently, the connected miscellaneous petition is closed.

sha

01.02.2023

Index : Yes

Speaking order

To

1. Family Court, Chengalpattu

2. Family Court, Krishnagiri.

Tr.C.M.P.No.1315 of 2022

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