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2010 DIGILAW 5325 (MAD)

Priya v. T. P. Kandeepan

2010-12-03

M.JAICHANDREN

body2010
Judgment :- This Transfer Civil Miscellaneous petition has been filed praying that this Court may be pleased to withdraw O.P.No.224 of 2008, pending on the file of the I Additional Family Court, Chennai and to transfer the same to the file of the Principal Subordinate Judge, Thanjavur. 2. It has been stated that the marriage between the petitioner and the respondent had taken place, on 01.11.1998, at Thanjavur. Due to certain problems caused by the respondents sister, the respondent had taken the petitioner to her parents house at Thanjavur and had left her there. It has also been stated that the petitioner has a ten year old male child out of the wedlock between the petitioner and the respondent. The petitioner is living with her parents at Thanjavur, along with her minor child. Whileso, the respondent had filed H.M.O.P.No.224 of 2008, on the file of the I Additional Family Court, Chennai, for divorce. 3. It has also been stated that the petitioner has filed M.C.No.29 of 2007, on the file of Judicial Magistrate No.I, Thanjavur, claiming maintenance for herself and for her minor child. Since, the petitioner has to travel to Chennai to attend the hearings, in H.M.O.P.No.224 of 2008, pending on the file of the I Additional Family Court, Chennai , she has filed the present Civil Revision Petition, under Article 227 of the Constitution of India. 4. There is no representation on behalf of the respondent. No counter affidavit has been filed on behalf of the respondent. 5. In view of the avernments made on behalf of the petitioner and in view of the contentions raised by the learned counsel for the petitioner and on perusal of the records available, this Court finds it appropriate to withdraw H.M.O.P.No.224 of 2008, pending on the file of the I Additional Family Court, Chennai and to transfer the same to the file of the Principal Subordinate Court, Thanjavur, as prayed for by the petitioner. This Transfer Civil Miscellaneous Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.