Allowed

R.Stella Susanna v. C.Aabin Anthony Raj

Madras HC8 Dec 2022TR CMP/424/2022

Case brief

AI extract

What is this about?

In a transfer petition filed under Section 24 CPC, the High Court directed the transfer of a pending divorce case from the Additional District Court, Thirunelveli/ Tirunelveli, to the Family Court, Chennai, considering the petitioner's unemployment and residence in Chennai alongside her parents.

What did the court decide?

Transfer of DOP No.135 of 2018 from Additional District Court-I to Family Court, Chennai within four weeks.

R.Stella Susanna Vs C.Aabin Anthony Raj — Matrimonial and Divorce | Madras HC (2022)

¶1

Tr.C.M.P.No.424 of 2022

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 08.12.2022

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

¶6

Tr.C.M.P.No.424 of 2022 and

¶7

C.M.P.No.7906 of 2022

¶8

R.Stella Susanna ... Petitioner Vs.

¶9

C.Aabin Anthony Raj ... Respondent

¶10

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the case in D.O.P. No.135 of 2020 on the file of the Additional District Court-I, Tirunelveli and transfer the same to the file of the Family Court, Chennai.

¶11

For Petitioner : Mr.S.Saravanakumar For Respondent : Left

¶12

O R D E R

¶13

The petition for transfer is filed to withdraw the case in D.O.P.

¶14

No.135 of 2020 on the file of the Additional District Court-I, Tirunelveli and transfer the same to the file of the Family Court, Chennai.

¶15

Page 1 of 4

¶16

https://www.mhc.tn.gov.in/judis

¶17

Tr.C.M.P.No.424 of 2022

¶18

The marriage between the petitioner and the respondent was solemnized on 24.08.2018 as per Christian Rites and Customs. Due to some misunderstanding, the petitioner and the respondent are living separately. The respondent filed DOP No.135 of 2018 for dissolution of marriage now pending on the file of the Additional District Court-I, Tirunelveli. The learned counsel for the petitioner states that the petitioner is unemployed and now residing in Mylapore, Chennai. The petitioner is residing along with her parents and depending on her parents for her livelihood and thus she is not in a position to travel, spend and contest the divorce case filed by the respondent filed before the Additional District Court, Tirunelveli.

¶19

Considering the facts and circumstances, the DOP No.135 of 2022 now pending on the file of the Additional District Court-I, Thiruvannamalai stands transferred to the Family Court, Chennai forthwith. The Additional District Court-I, Tirunelveli is directed to transmit the case papers to the Family Court, Chennai within a period of four (4) weeks from the date of receipt of a copy of this order.

¶20

Page 2 of 4

¶21

https://www.mhc.tn.gov.in/judis

¶22

Tr.C.M.P.No.424 of 2022

¶23

With the abovesaid directions, the Transfer Civil Miscellaneous

¶24

Petition stands allowed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

¶25

08.12.2022

¶26

Skr/Jeni Index : Yes Speaking order

¶27

¶28

1.The Judge, Additional District Court-I, Thiruvannamalai.

¶29

2.The Judge, Family Court, Chennai.

¶30

Page 3 of 4

¶31

https://www.mhc.tn.gov.in/judis

¶32

Tr.C.M.P.No.424 of 2022

¶33

S.M.SUBRAMANIAM, J.

¶34

Skr

¶35

Tr.C.M.P.No.424 of 2022

¶36

08.12.2022

¶37

Page 4 of 4

¶38

https://www.mhc.tn.gov.in/judis

R.Stella Susanna v. C.Aabin Anthony Raj

Case brief

What is this about?

What did the court decide?

R.Stella Susanna v. C.Aabin Anthony Raj

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.Ramya Vs N.Sathish Kumar

S.Dinakaran Vs K.Varadan

S. Jothi Vs P. Saravanan

B. Surya Vs S.Jayaraj

S.Rajalakshmi Vs v.Manikandan

Indira@ Vadivukarasi Vs M.Kilivalavan