G.Raziya Begum v. A.Sathik Ali

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and C.M.P.No.21548 of 2022 G.Razhiya Begum ... Petitioner Vs.

A.Sathik Ali ... Respondent Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the O.S.No.27 of 2022 from the file of the learned District Munsif Court at Ranipet and to transfer the same to the file of the learned District Munsif Court at Madurantakam. For Petitioner : Mr.G.Mageshkumar For Respondent : No Appearance

O R D E R

The marriage between the petitioner and the respondent was solemnised on 20.04.2016 as per the Muslim rites and customs. A girl child was born from and out of the wedlock between the petitioner and the respondent who is now aged about 5 years. The respondent has filed O.S.No.27 of 2022 for divorce before the District Munsif Court at Ranipet.

2. The minor child is living with the petitioner/wife and thus, the learned counsel for the petitioner states that she is not in a position to travel and contest the divorce case filed by the respondent before the Court at Ranipet.

3.The place of residence of the wife is preferable for conducting matrimonial dispute. More so, the petitioner has to take care of a minor child aged about 5 years and thus, the transfer petition deserves to be considered.

4. Considering the facts and circumstances, the O.S.No.27 of 2022,

pending on the file of the District Munsif Court at Ranipet stands transferred to the District Munsif Court at Madurantakam. The District Munsif Court at Ranipet, is directed to transmit the case papers to the District Munsif Court at Madurantakam, within a period of four (4) weeks from the date of receipt of a copy of this order.

6. 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. sha 24.01.2023 Index : Yes Speaking order

S.M.SUBRAMANIAM, J.

sha To

1. District Munsif Court at Ranipet.

2. District Munsif Court at Madurantakam.

24.01.2023