IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-03-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.No.36 of 2010 and M.P.Nos.1 and 2 of 2010 K.Thirupurasundari .. Petitioner. Versus Rajendran .. Respondent. PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the F.C.O.P.No.335 of 2009, on the file of the Family Court, Salem and to transfer the same to the file of the Family Court at Chennai. For Petitioner : Mr.S.Balasubramanian 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.335 of 2009, pending on the file of the Family Court, Salem, and to transfer the same to the file of the Family Court, Chennai. 2. The petitioner has stated that her marriage with the respondent was solemnised, on 10.9.2006, in accordance with the Hindu rites and customs, at Chennai. At the time of the marriage, 70 sovereigns of gold jewels had been given to the respondent's family. The petitioner's family met all the wedding expenses. Further, a sum of Rs.2,00,000/- had also been paid to the respondent, as dowry. After the marriage, the petitioner had gone to the United States of America and had found that the respondent was jobless. Since then the petitioner has been managing the family, as she is a Senior Technical Officer at TIMENOS Consultancy in the United States of America. The petitioner has a male child born out of the wedlock, on 7.6.2007. 3. It has been further stated that after the respondent had gone to the United States of America, to live with the petitioner, he had started to ill-treat the petitioner causing her severe mental agony. The respondent had never cared for the petitioner and her https://hcservices.ecourts.gov.in/hcservices/ child. In such circumstances, the petitioner had filed a petition, for divorce, before the Union County Superior Court, Chancery Division, Family Part, Matrimonial Intake Unit, 1143-1145-F, Jersy Street, Elizabeth NJ 07207, on 18.6.2009. 4. After receiving the process in the said application, the respondent had come to India to avoid the proceedings in the United States of America. Thereafter, he had filed a petition for divorce, in F.C.O.P.No.335 of 2009, on the file of the Family Court, at Salem. Further, the respondent is threatening the petitioner, using rowdy elements. Since the petitioner has a serious apprehension that she would be in danger, if she goes to Salem, to appear before the Family Court, during the proceedings in F.C.O.P.No.335 of 2009, she has preferred the present transfer civil miscellaneous petition before this Court. 5. In spite of Court notice having been served on the respondent 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. No counter affidavit has been filed on behalf of the respondent. 6. In such circumstances, based on the averments made in the affidavit filed in support of the petition, this Court finds it appropriate to withdraw F.C.O.P.No.335 of 2009, pending on the file of the Family Court, Salem, and to transfer the same to the file of the Family Court, at Chennai, as prayed for by the petitioner, in the present transfer civil miscellaneous petition. Accordingly, the transfer civil miscellaneous petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar csh To 1) The Family Court, Salem 2) The Family Court, Chennai. + 2 CC to Mr.S.Balasubramaniam,Advocate,SR.21373 Tr.C.M.P.No.36 of 2010 AKR(CO) EM/30.4.10 https://hcservices.ecourts.gov.in/hcservices/