Madras High CourtTR CMP/231/2023allowed

A.Aysha Vajeeha v. K.Syed Ibrahim

2023-03-31Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2023 CORAM :

THE HONOURABLE Mrs.JUSTICE T.V.THAMILSELVI TR.CMP No.231 of 2023 and C.M.P.No.5093 of 2023 A.Aysha Vajeeha .... Petitioner -VsK.Syed Ibrahim .... Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the suit in O.S.No.13 of 2022 from the file of the Hon'ble Family Court, Erode and transfer the same to the file of the Hon'ble District Munsiff Court, Mettupalayam to be tried along with O.S.No.224 of 2022. For Petitioner : Mr.L.Mouli For Respondent : No Appearance ***** 1 / 4

O R D E R

The petitioner/wife seeks transfer of O.S.No.13 of 2022 from the file of the Family Court, Erode to the file of Hon'ble District Munsiff Court, Mettupalayam to be tried along with O.S.No.224 of 2022.

2. The respondent/husband filed a petition seeking for dissolution of marriage and the petitioner/wife filed a petition seeking for restitution of conjugal rights. The petitioner/wife lost her father and living with her mother without any source of income. Hence, she is unable to travel from Mettupalayam to Erode.

3. Notice served on the respondent, but there is no appearance. Hence, there is no objection from the respondent.

4. The reason assigned by the petitioner is justifiable. Considering the facts and circumstances of the case, O.S.No.13 of 2022 is withdrawn from the file of the Family Court, Erode and transferred to the file of Hon'ble District Munsiff Court, Mettupalayam, to be disposed of in accordance with 2 / 4

law and the learned Family Court Judge, Erode is directed to send entire records to the learned District Munsiff, Mettupalayam, within a period of two(2) weeks from the date of receipt of a copy of this order.

5. Accordingly, this Tr.C.M.P.No.231 of 2023 is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

31.03.2023 Index : Yes/No Speaking Order: Yes/No kmi To 1.The Family Court, Erode.

2.The District Munsiff, Mettupalayam.

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T.V.THAMILSELVI, J.

kmi TR.CMP No.231 of 2023 31.03.2023 4 / 4