← Library
Madras High CourtTR CMP/1187/2022allowed

Ayisha Nazeen v. Shabir Ali

2023-01-09Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and C.M.P.No.20259 of 2022 Ayisha Nazreen ... Petitioner Vs.

Shabir Ali ... Respondent Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the O.S.No.200 of 2022 on the file of the V Additional Family Court, Chennai to the Family Court, Mannargudi who is also having competent jurisdiction.

For Petitioner : Mr.Swamisubramanian For Respondent : Ms.M.Dharshini

O R D E R

The petition for transfer is filed to withdraw and transfer the O.S.No.200 of 2022 on the file of the V Additional Family Court, Chennai to the Family Court, Mannargudi.

2. The marriage between the petitioner and the respondent was solemnised on 15.06.2011 as per the Muslim Rites and Customs. Due to misunderstanding the petitioner and the respondent are living separately. From and out of the wedlock between the petitioner and respondent a male child was born and now aged about 9 years. The respondent filed O.S.No.200 of 2022 on the file of the V Additional Family Court at Chennai. The petitioner is residing along with her parents and she is unemployed and she has to take care of her son. Therefore, she is not in a position to travel and contest the case filed by the respondent.

3. Considering the facts and circumstances, the O.S.No.200 of 2022 pending on the file of the V Additional Family Court, Chennai stands transferred to the Family Court at Mannargudi forthwith. The V Additional Family Court, Chennai is directed to transmit the case papers to the Family

Court at Mannargudi, within a period of four (4) weeks from the date of receipt of a copy of this order.

4. With the abovesaid directions, the Transfer Civil Miscellaneous Petition stands allowed. However, there shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. 09.01.2023 Jeni Index : Yes Speaking order To 1.The Judge, V Additional Family Court, Chennai.

2.The Judge, Family Court, Mannargudi.

S.M.SUBRAMANIAM, J.

Jeni 09.01.2023