IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-04-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.No.204 of 2009 and M.P.No.1 of 2009 K.Geetha .. Petitioner. Versus M.Karthikeyan .. Respondent. PRAYER: Petition filed under Article 227 of the Constitution of India, seeking to withdraw F.C.O.P.No.88 of 2009, on the file of the Family Court, Salem, and transfer the same to the Principal Judge, Family Court, Chennai. For Petitioner : Mr.J.Saravana Vel For Respondent: No Appearance O R D E R
This transfer civil miscellaneous petition has been filed praying that this Court may be pleased to withdraw F.C.O.P.No.88 of 2009, pending on the file of the Family Court, Salem, and to transfer the same to the file of the Principal Judge, Family Court, Chennai.
2. It has been stated that the petitioner had married the respondent, on 24.10.2004, at Salem, as per the Hindu rites and customs. Thereafter, a male child was born out of the wedlock. After the marriage, the petitioner, as well as the respondent were living in Dubai. The petitioner had come back to India for the delivery of the child. Thereafter, she had taken a job in Sudan. After two years she had returned to India and she had got a job in Mumbai. At that time the petitioner was living in Mumbai, with the respondent and her minor child. Later, it was found that the child was suffering from Autism. However, the respondent never cared for the child. He was treating the petitioner, cruelly, by assaulting her physically.
3. While so, the respondent had filed F.C.O.P.No.88 of 2009, before the Family Court, Salem, for the dissolution of the marriage, based on the false allegation of cruelty. The petitioner is not able to attend the hearings before the Family Court, Salem, in F.C.O.P.No.88 of 2009, since she has to leave her child, without any one to take care of him. In such circumstances, the petitioner has preferred the present transfer civil miscellaneous petition, praying that this Court may be pleased to withdraw F.C.O.P.No.88 of 2009, pending on the file of the Family Court, Salem, and to transfer the same to the Principal Judge, Family Court, Chennai, as the petitioner is living in Chennai, at present.
4. The notice issued by the Court, having been received by the respondent, on 23.7.2009, and his name having been printed in the cause list, there is no appearance on behalf of the respondent, either in person or through his counsel.
5. In such circumstances, F.C.O.P.No.88 of 2009, is withdrawn from the file of the Family Court, Salem, and transferred to the file of the Principal Judge, Family Court, Chennai, as prayed for by the petitioner, in the present transfer civil miscellaneous petition. Accordingly, the transfer civil miscellaneous petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.
Index:Yes/No 21-04-2010
Internet:Yes/No
csh
To
1) The Family Court,
Salem.
2) The Principal Judge,
Family Court, Chennai.
M.JAICHANDREN J.
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Tr.C.M.P.No.204 of 2009
21-04-2010