Madras High CourtTR CMP/15/2023disposed of

Jeelani Fathima v. Latheef Sheikh

2023-06-15Honourable Dr Justice D.Nagarjun4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Tr.C.M.P.No.15 of 2023 and C.M.P. No.600 of 2023 Jeelani Fathima .. Petitioner Vs.

Latheef Sheikh .. Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw O.S.No.252 of 2022 on the file of the I Additional Family Court, Chennai, Chennai District and transfer the same to the Principal District Court at Then, Then District. For Petitioner :Mr.D.Magesh For Respondent : Mr.I.Abdul Basith ****

O R D E R

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This petition is filed seeking to withdraw O.S.No.252 of 2022 on the file of the I Additional Family Court, Chennai and transfer the same to the file of Principal District Court, Theni.

2. The petitioner is the wife and the respondent is the husband. The suit in O.S. No. 155 of 2022 has been filed by the respondent seeking to declare the marriage between the petitioner and the respondent as dissolved as per Shariah Law (Muslim Personal Law).

3. The learned counsel for the petitioner submitted that the petitioner is now residing at Periyakulam, which is 500 Kms away from Chennai and she has to take care of her 3 years old child. Hence, this petition is filed to transfer O.S.No.252 of 2022 to the Family Court at Theni.

4. The learned counsel for the respondent fairly submitted that the case may be transferred to District Court at Madurai for which the learned counsel for the petitioner reported no objection.

5. Considering the circumstances, this petition is disposed of Page No.2/4

with a direction to withdraw O.S.No.252 of 2022 from the file of I Additional Family Court, Chennai and transfer to the District Court, Madurai. No costs. Consequently, the connected miscellaneous petition is closed.

15.06.2023 dsa Index : Yes/ No Internet : Yes/ No : Yes/ No Speaking Order/ Non-Speaking Order To

1. The Family Court Judge, Chennai

2. The District Judge, Madurai.

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Dr.D.NAGARJUN,J.

dsa Tr.C.M.P.No.15 of 2023 15.06.2023 Page No.4/4