S.Shanaz v. H.Mohamed Sharafathulla

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and C.M.P.No.2776 of 2024 S.Shanaz ...

Petitioner Vs H.Mohamed Sharafathulla ...

Respondent Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to order withdrawal of suit in O.S.No.26 of 2023 on the file of the learned Family Court, Ramanathapuram and transfer the same to the learned VII Additional Principal Judge, Family Court at Chennai and tried along with suit in O.S.No.382 of 2023.

For Petitioner : Mr.K.Ezhumalai For Respondent : Mr.P.Santhosh

O R D E R

The wife had filed a suit in O.S.No.382 of 2023 on the file of the VII Additional Principal Judge, Family Court at Chennai seeking for a declaration to declare the triple Talaq given by the husband as null and void.

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2. After service of summons in the suit, the husband presented O.S.No.26 of 2023 on the file of the Subordinate Judge at Ramanathapuram.

3. To avoid conflicting judgments, it is just and necessary that both the suits are tried together. Sending a woman from Chennai to Ramanathapuram to attend a Court hearing, especially when she has two children would be a very difficult task. Therefore I am inclined to transfer O.S.No.26 of 2023 pending on the file of the learned Family Court at Ramanathapuram to be heard and tried along with O.S.No.382 of 2023 on the file of the learned VII Additional Principal Judge, Family Court at Chennai.

4. Accordingly, the Tr.C.M.P. is allowed. No costs. Consequently, connected miscellaneous petition is closed.

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To 1.The VII Additional Principal Judge, Family Court, Chennai.

2.The Family Court, Ramanathapuram.

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V. LAKSHMINARAYANAN, J.

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