Madras High CourtTR CMP/547/2020allowed

Asiria Afrin v. R.Mohammed Ibrahim

2021-02-08Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Tr.C.M.P.No.547 of 2020 and C.M.P.No.14463 of 2020 Asiria Afrin .. Petitioner vs.

R.Mohammed Ibrahim .. Respondent PRAYER : Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw F.C.O.S.No.6 of 2019 on the file of the Family Court, Chengalpattu and transfer the same to the Family Court, Villupuram.

For Petitioner : Mr.A.K.Rajaraman For Respondent : No-appearance

O R D E R

The petition is filed to transfer F.C.O.S.No.6 of 2019 from the Family Court, Chengalpattu to the Family Court, Villupuram. 2.The marriage between the petitioner and the respondent was solemnized as per the Muslim Rites and customs on 01.07.2018. The petitioner states that the respondent used to pick up frequently quarrel unnecessarily and at one point of time, she was forced to leave the matrimonial home. The respondent filed a case for restitution of conjugal rights before the Family Court, Chengalpattu in F.C.O.S.No.6 of 2019. The petitioner states that she is now residing with her parents at Kandachipuram near Tiurkkovilur Town. The father of the petitioner is a senior citizen and therefore, she is not in a position to come from her village to Chengalpattu to contest the case filed by the respondent. Under these circumstances, the present petition has been filed for transfer.

3. The place of the wife is preferable in matrimonial cases as per the principles laid down by this Court. Thus, F.C.O.S.No.6 of 2019 now pending on the file of the Family Court, Chengalpattu stands transferred to the Family Court, Villupuram.

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4. Accordingly, the transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssb To 1.The Judge, Family Court, Chengalpattu.

2.The Judge, Family Court, Villupuram.

+1 cc to M/s.A.K.Rajaraman, Advocate Sr.No.

Tr.CMP.No.547 of 2020 RR(CO) RMP(19/03/2021) https://hcservices.ecourts.gov.in/hcservices/