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Madras High CourtTR CMP/1007/2023allowed

Nazeena Sheeba Parveen v. Jawahar @ Muthuram

2024-06-10Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2024

CORAM:

THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANAN and CMP.No.24289 of 2023 Nazeena Sheeba Parveen ... Petitioner / Defendant Vs Jawahr @ Muthuram ... Respondent / Plaintiff Prayer :-Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., praying to withdraw the suit in O.S.No.76 of 2023 on the file of the learned II Additional District Judge, Ramanathapuram and transfer the same to the file of learned Family Judge, Salem.

For Petitioner : Ms.Mahasree Thangaraj For Respondents : Mr.R.Venkatesh

ORDER

The petitioner-wife has presented this petition to withdraw the suit in O.S.No.76 of 2023 on the file of the learned II Additional District Judge, 1/4

Ramanathapuram and transfer the same to the file of learned Family Judge, Salem.

2. The petitioner and the respondent married as per Muslims rites and customs at the Salem Fort Keel Street Sunnath Jamath Mosque on 25.01.2021. The respondent is working as Forester in Ramanathapuram. Due to the disputes and differences that arose between them, a suit has been presented originally by the respondent-husband in O.S.No.153 of 2022 on the file of Family Court, Ramanathapuram, for divorce. The said proceedings have been transferred to the file of Family Court at Salem. The wife had also initiated proceedings under Domestic Violence Act in D.V.O.P.No.55 of 2021 before the Additional Mahila Court, Salem. When these two proceedings are pending before the Courts in Salem, the husband has initiated yet another proceedings in O.S.No.76 of 2023 on the file of II Additional District Court, Ramanathapuram, seeking for a recovery of sum of Rs.10.0 lakhs from his wife. This suit also arises out of the matrimonial disputes that are pending before the Courts in Salem.

3. Taking into consideration that the parties are appearing before the Courts at Salem, the present suit in O.S.No.76 of 2023 is withdrawn from 2/4

the file of II Additional District Court, Ramanathapuram and transferred to the file of learned Family Court at Salem.

4. With the above directions, this transfer CMP is allowed. No costs. Consequently, connected miscellaneous petition is closed. 10.06.2024 To:

1.The Judge, II Additional Family Court Ramanathapuram.

2.The Judge, Family Court Salem.

3.The Section Officer VR Section High Court, Madras.

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V.LAKSHMINARAYANAN,J., ds 10.06.2024 4/4