Hajira Bathool Shaik v. Sayeed Ahmed K.N

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.02.2019 THE HONOURABLE MR.JUSTICE M.GOVINDARAJ Tr.CMP.No.899 of 2018 and C.M.P.No.22225 of 2018 Dr.Hajira Bathool Shaik

...Petitioner

Vs.

Sayeed Ahmed K.N.

... Respondent Rep.by his G.P.A.Mohammed Imran PRAYER :

Transfer Civil Miscellaneous petitions filed under section 24 of the Civil Procedure Code, praying to withdraw the G.W.O.P.No.277 of 2017 from the file of Principal District Judge, Thiruvallur and to transfer the same to the file of District Munsif Court at Hosur.

For petitioner : M/s.M.B.Hussanara Begum For respondent : M/s.E.Sridharan

ORDER

This petition is filed by the petitioner seeking to withdraw G.W.O.P.No.277 of 2017 from the file of Principal District Judge, Thiruvallur and to transfer the same to District Munsif Court, Hosur.

2. The wife is the petitioner. The respondent / husband filed a petition in G.W.O.P.No.277 of 2017 before Principal District Court, Tiruvallur through Power of Attorney agent. It is shown in the affidavit filed in support of the G.W.O.P.No.277 of 2017, that the petitioner herein resides at Hosur along with her parents and minor child who is studying at Litera Valley Zee School located at Hosur. It is also seen that the respondent is presently working at Qatar, Dubai. For every hearing, the petitioner / wife has to travel from Hosur to Tiruvallur along with her minor Child. The petitioner / wife state that she could not travel alone by carrying his minor child for a long distance to attend the hearing of the case. Therefore, she seeks transfer of this case from Principal District Court ,Tiruvallur to District Court, Krishnagiri.

https://hcservices.ecourts.gov.in/hcservices/

3. Heard the submissions on either side and perused the materials available on record.

4. It is seen that the child is aged about five years and that the petitioner / wife is residing at Hosur.

5. Considering jurisdictional issue and the physical and mental hardship caused to the petitioner, G.W.O.P.No.277 of 2017 pending on the file of Principal District Court, Tiruvallur is withdrawn and transferred to District Court, Krishnagiri and the District Judge, Krishnagiri, is directed to renumber the petition and issue notice to the parties and dispose of the same as expeditiously as possible.

6. Accordingly this Transfer Civil Miscellaneous petition is ordered. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar bkn To

1. The Principal District Judge, Tiruvallur

2. The District Judge, Krishnagiri.

+2ccs to M/s.M.B.Hussanara Begum, Advocate, S.R.No.17095 Tr.CMP.No.899 of 2018 and C.M.P.No.22225 of 2018 SKV(CO) CS/14/06/2019 https://hcservices.ecourts.gov.in/hcservices/