AISHWARYA Vs. S. VIGNESH RAJA

JUDGEMENT

(1.) The petition for transfer is filed to withdraw and transfer the HMOP NO.122 of 2022 pending on the file of Learned Sub Court, Kanchipuram and for trying the case along with HMOP No.2375 of 2022 pending before the learned V Additional Family Court, Chennai.

(2.) The marriage between the petitioner and the respondent was solemnized on 26/1/2020 as per Hindu Rites and Customs. One female child was born from and out of the wedlock between the petitioner and the respondent on 8/9/2021. Due to some misunderstanding, the petitioner and the respondent are living separately. The respondent filed HMOP No.122 of 2022 for dissolution of marriage on the file of the Sub Court, Kanchipuram. Par contra, the petitioner filed HMOP No.2375 of 2022 under Sec. 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, which is now pending on the file of the Family Court, Chennai. The petitioner seeks transfer of HMOP No.122 of 2022 now pending on the file of the Sub Court, Kanchipuram to the Family Court, Chennai.

(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:-