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Madras High CourtTR CMP/805/2024allowed

Lathifa v. G. Jayalabthin @ Syed Gelane

2025-06-12Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI Tr.CMP.No.805 of 2024 and CMP. No.17812 of 2024 Lathifa Petitioner Vs G.Jayalabthin @ Syed Gelane Respondent PRAYER: This Transfer Civil Miscellaneous Petition under Section 24 of CPC, to withdraw the O.S. No.3 of 2024 filed by the respondent, pending on the file of the Family Court, Tiruvannamalai and transfer the same to the Principal Family Court, Chennai to be clubbed and tried along with M.C. No.134 of 2024 filed by the Petitioner. For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr.R.Abdul Mubeen **********

ORDER

The petitioner is the wife, arrayed as the defendant in O.S. No.3 of 2024 before the Family Court, Tiruvannamalai. The respondent has filed the suit against the petitioner. The petitioner now seeks transfer of the said suit to the file of the Principal Family Court, Chennai to be tried along with MC. No.134 of 2024.

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2. I have heard Mr.D.Thirumoorthy, learned counsel for the petitioner and Mr.R.Abdul Mubeen, learned counsel for the respondent.

3. The respondent, without admitting the allegations made in the affidavit in support of the request for transfer, has fairly submitted that the request of the petitioner/wife for transfer may be considered.

4. I have gone through the affidavit filed in support of the petition. The petitioner has expressed genuine difficulties in attempting the proceedings before the Family Court, Thiruvannamalai. Further, admittedly, the petitioner has already filed M.C. No.134 of 2024 which is pending before the Principal Family Court at Chennai and the respondent is attending the said proceedings.

5. In the light of the above, I am inclined to accept the request for transfer. In fine, this Transfer Civil Miscellaneous Petition is allowed. O.S. No.3 of 2024 filed by the respondent, pending on the file of the Family Court, Tiruvannamalai is hereby withdrawn and transferred to the file of the Principal Family Court, Chennai to be clubbed and tried along with M.C. No.134 of 2024 filed by the Petitioner. No costs. Consequently connected Miscellaneous Petition is also closed. 12.06.2025 rkp Index : Yes / No Internet : Yes / No 2/4

To:

1.The Judge, Family Court, Tiruvannamalai.

2.The Judge, Principal Family Court, Chennai.

P.B.BALAJI, J., rkp 3/4

Tr.CMP.No.805 of 2024 and CMP. No.17812 of 2024 12.06.2025 4/4