Vahitha Banu v. Mahaboor Hussain

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN TR.CMP No.12 of 2024 and C.M.P.No.327 of 2024 Vahitha Banu ....

Petitioner -VsMahaboob Hussain ....

Respondent Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw O.S.No.11 of 2023 on the file of the District Family Court, Chengalpattu and to transfer the same to the District Family Court at Cuddalore. For Petitioner : Mr.M.A.Abdul Razak For Respondent : Ms.Shakthipriya for Mr.Mohd.Asif

O R D E R

Petitioner is the wife. The marriage between the petitioner and the respondent was solemnized as per Islamic rites and customs on 23.05.2010 at Manjakuppam in Cuddalore. From the wedlock two children by name Mohd.Shafik and Mohd.Sharik were born. Due to disputes and differences, the parties separated. 1 / 4

2. The respondent would state that he had pronounced Talaq on three separate occasions and therefore the marriage stood dissolved. He would plead that the first Talaq was given on 16.11.2022, the second on 18.12.2022 and the third on 31.01.2023.

3. Denying this aspect, the transfer petitioner had also issued a reply notice on 07.02.2023. Hence the suit was filed before the Family Court at Chengalpattu for a declaration that the marriage stood dissolved. The suit was taken on file as O.S.No.11 of 2023 and summons were issued to the defendant.

4. The defendant pleading that she is living with her parents in Cuddalore and is not in a position to traverse the distance of 250 Kms to and fro between Cuddalore and Chengalpattu and hence she has moved this transfer petition.

5. Notice was ordered in this application to the respondent and Mr.Mohd.Asif had entered appearance.

6. Heard Mr.M.A.Abdul Razak for the petitioner and Ms.R.Shakthipriya for Mr.Mohd.Asif for the respondent.

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7. A reading of Para 9 of the transfer petition affidavit shows that the petitioner is suffering from distressed circumstances as she is entirely dependent upon her parents and she would state that her father is a patient who had undergone bypass surgery and is also suffering from kidney ailment. The children, being of tender age of 10 and 12 years respectively, it might not be possible for the wife to leave the children at Cuddalore and travel to Chengalpattu for the purpose of attending the hearings.

8. Taking into consideration the overall circumstances into consideration, I am of the view that the transfer petition deserves acceptance. Accordingly, O.S.No.11 of 2023 pending on the file of the Family Court at Chengalpattu is withdrawn and transferred to the Family Court at Cuddaore. The Family Court Cuddalore shall not insist on the appearance of the respondent husband for every hearing. He shall be present for all essential hearings and for other non-essential and procedural hearings, he shall be represented by his counsel.

9. The Transfer Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

13.09.2024 Index : Yes/No KST 3 / 4

V. LAKSHMINARAYANAN, J.

KST To 1.The District Family Court Chengalpattu.

2.The District Family Court Cuddalore.

TR.CMP No.12 of 2024 13.09.2024 4 / 4