S.Umme Salma v. Syed Shabeer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.263 of 2014 & M.P.No.1 of 2014 S.Umme Salma ... Petitioner v.

Syed Shabeer ... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to withdraw O.S.No.1066 of 2011 on the file of the District Munsif Court, Trichirapalli and transfer the same to District Munsif Namakkal. For Petitioner : Mr.D.Shivakumar For Respondent : Mr.C.Sivakumar

O R D E R

The petitioner is the wife of the respondent. The respondenthusband filed O.S.No.1066 of 2011 on the file of the District Munsif Court, Trichirapalli to declare the marriage between the petitioner and the respondent as null and void.

2. Heard both sides.

3. Learned counsel for the respondent strenuously objected for transferring O.S.No.1066 of 2011 on the file of the District Munsif Court, Trichirapalli to the file of District Munsif Court, Namakkal stating that since the mother of the petitioner is a Councilor, there is a threat to his life.

4. It is well settled law that in the matrimonial dispute, preference should be given to the wife, with respect to the place of hearing, I am not inclined to accept the contention of the learned counsel for the respondent. If the petitioner is facing threat to his life, he can seek appropriate remedy.

5. In these circumstances, I direct for withdrawal of O.S.No.1066 of 2011 on the file of the District Munsif Court, Trichirapalli and to transfer the same to the file of District Munsif Court, Namakkal.

https://hcservices.ecourts.gov.in/hcservices/

The Transfer C.M.P is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar Rj To

1. The District Munsif Court, Trichirapalli.

2. The District Munsif Court, Namakkal.

1 cc to Mr. C.Sivakumar, Advocate Sr.No.46193 Tr.C.M.P.No.263 of 2014 & M.P.No.1 of 2014 ca(co) pmk.16.9.2015 https://hcservices.ecourts.gov.in/hcservices/