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2025 DAILYLAW 72035 (MAD)

CYNTHIYA AUGUSTUS ALIAS CYNTHIA MARIA JAMES v. DAWSON MARK JAMES

TR CMP/766/2024 · 2025-03-12

P T Asha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Tr. CMP.No.766 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :12.03.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA Tr. CMP.No.766 of 2024 and C.M.P.No.16668 of 2024 Cynthiya Augustus Alias Cynthia Maria James ... Petitioner Vs. Dawson Mark James ... Respondent Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw IDOP No.29 of 2024 on the file of District Court Udhagamandalam, Nilgiris and transfer the same to Family Court Chengalpattu or Family Court at Chennai and thus render justice. For Petitioner : M/s.A.V.Arun For Respondent : No appearance - served 1/4 https://www.mhc.tn.gov.in/judis Tr. CMP.No.766 of 2024 O R D E R The above Petition is filed to withdraw and transfer IDOP No.29 of 2024 pending on the file of District Court Udhagamandalam, Nilgiris to the Family Court Chengalpattu or Family Court at Chennai. 2. Reasons for seeking the transfer are as follows:- (i) The petitioner/wife and the child are not being maintained by the respondent/husband. (ii) The petitioner/wife along with her son is residing in Chennai. (iii) The distance between the present residence of the petitioner/wife to the District Court, Udhagamandalam, Nilgiris is more than 500 kms. 3. The respondent though served has not entered appearance either in person or through counsel. Heard the learned counsel for the petitioner. The petitioner's residence is at Nammangalam, Chrompet Road which falls within the jurisdiction of the Family Court, Chengalpattu. 2/4 https://www.mhc.tn.gov.in/judis Tr. CMP.No.766 of 2024 4. In the above circumstances the request for transfer appears reasonable and justified. Therefore, the Transfer Civil Miscellaneous Petition is allowed and IDOP No.29 of 2024 pending on the file of District Court Udhagamandalam, Nilgiris, is withdrawn and transferred to the file of the Family Court Chengalpattu . The presence of the respondent/husband before the Family Court, Chengalpattu is dispensed with on all hearings except for adducing evidence and for counseling No costs. Consequently, the connected Miscellaneous Petition is closed. 12.03.2025 (shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No To 1. The District Court Udhagamandalam, Nilgiris 2.The Family Court Chengalpattu. 3/4 https://www.mhc.tn.gov.in/judis Tr. CMP.No.766 of 2024 P.T. ASHA . J., (shr) Tr. CMP.No.766 of 2024 and C.M.P.No.16668 of 2024 12.03.2025 4/4 https://www.mhc.tn.gov.in/judis