Nasiya Begum A v. Sahul Sahith

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.222 of 2024 & C.M.P.No.4379 of 2024 Nasiya Begum ... Petitioner -VersusSahul Sahith ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw O.S.No.234 of 2023 from the file of Additional District Munsif at Thirupathur and transfer the same to the Family Court at Chenani.

For Petitioner : Mr.K.Asok Kumar For Respondent : Mrs.Mumtaj Surya

ORDER

The petitioner and the respondent got married on 03.02.2022 at Royapuram, Chennai. From the wedlock, a child was born on 27.10.2022. After the birth of the child, the petitioner and the respondent started having

skirmishes, which resulted in the husband filing a suit in O.S.No.234 of 2023 on the file of the learned Additional District Munsif at Thirupathur.

2. Both of them agreed that the child is sick and the Petitioner/wife is taking care of the child.

3. Notice was ordered in this application. Mrs.Mumtaz Surya entered appearance for the respondent/husband. She has no objection for the proceedings being transferred from Thirupathur to Chennai. However, she pleads that there is some threat to her client at the hands of the petitioner and her father.

4. Taking the overall circumstances into consideration, I am inclined to allow this transfer petition.

5. Accordingly, O.S.No.234 of 2023 is withdrawn from the file of the Additional District Munsif at Thirupathur and is transferred to the file of the Family Court at Chennai. The presence of the husband need not be insisted upon by the court for every hearing. It is sufficient if he is present at every essential hearing. On all other non-essential or procedural hearings, he will be

represented through a counsel.

6. With the aforesaid directions, this transfer civil miscellaneous petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.

22.04.2024 nl Index : yes / no : yes / no Speaking / Non Speaking Order To 1.The Family Court, Chennai 2.The Additional District Munsif at Thirupathur

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.222 of 2024 & C.M.P.No.4379 of 2024 22.04.2024