LAWS(MAD)-2023-1-135

B. LAKSHMI Vs. J. MADHAVARAJ

Decided On January 09, 2023
B. Lakshmi Appellant
V/S
J. Madhavaraj Respondents

JUDGEMENT

(1.) The petition for transfer is filed to withdraw and transfer the H.M.O.P.No.18 of 2022 pending on the file of the Principal Sub-Court, Tindivanam to Family Court, Thiruvallur.

(2.) The marriage between the petitioner and the respondent was solemnised on 9/9/2021 as per the Hindu Rites and Customs. Due to misunderstanding the petitioner and the respondent are living separately. The petitioner states that she has filed H.M.O.P.No.86 of 2022 before the Family Court, Thiruvallur for Dissolution of Marriage. The respondent filed H.M.O.P.No.18 of 2022 on the file of the Principal Sub Court at Tindivananm for Restitution of Conjugal Rights. The petitioner is residing along with her parents and is unemployed. Therefore, she is not in a position to spend, travel and contest the case filed by the respondent.

(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:-