Farhath Jabeen v. Mohammed Nazeer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P.No.426 of 2021 and C.M.P.No.10661 of 2021 Farhath Jabeen ..Petitioner Vs.

Mohammed Nazeer ..Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Code of Civil Procedure, praying to withdraw the case in O.S.No.124 of 2007 on the file of the Family Judge, Chennai, and transfer the same to Subordinate Judge at Tambaram, Chennai to be tried on merits.

For Petitioner : No appearance For Respondent : Mr.Syed Sibagaddula

O R D E R

The learned counsel for the petitioner absent. The petitioner wife seeks transfer of O.S.No.124 of 2007 filed by her on the file of Family Court, Chennai to Sub-Court, Tambaram.

2. Transfer is sought for on the ground of convenience, since the wife is a resident of Perungalathur.

3. Mr.Syed Sibagaddula, learned counsel appearing for the respondent husband has produced an order of the Family Court, Chennai dated 20th September 2021 dismissing the suit for nonappearance of the plaintiff.

4. In view of he said dismissal, nothing survives in this Transfer Civil Miscellaneous Petition and the same is dismissed as having become infructuous. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar dsa https://hcservices.ecourts.gov.in/hcservices/

To

1. The Family Court Judge, Chennai.

2. The Subordinate Judge, Tambaram.

+1cc to M/s.I.Syed Sibghatulla, Advocate, S.R.No.64967 Tr.C.M.P.No.426 of 2021 KSM(CO) RGA(22/12/2021) https://hcservices.ecourts.gov.in/hcservices/