Madras High CourtTR CMP(MD)/31/2020allowed

Aasifa Banu v. Harris Akbar

2020-02-21Honourable Mr Justice R. Subramanian1 pages

TR.C.M.P.(MD) No.31 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN TR.C.M.P.(MD) No.31 of 2020 and C.M.P(MD)No.611 of 2020 Aasifa Banu ... Petitioner vs.

Harris Akbar ... Respondent PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw F.C.O.S.No.9 of 2019 on the file of the Family Court at Chengalpattu and to transfer the same to the Family Court, Tiruchirappalli.

For Petitioner : Mr.A.Haja Mohideen For Respondent : Mr.K.Vamanan

ORDER

The wife, who is facing proceedings for divorce in O.S.No.9 of 2019 on the file of the Family Court, Chengalpattu at the instance of the husband seeks transfer of the same to the Family Court at Trichy.

2. Transfer is sought for on the ground of convenience only as the wife is to look after her 2 1⁄2 years minor child also. The husband is a resident of Guduvancherry, Chengalpattu Taluk.

3. Considering the convenience of the wife as well as the convenience of the husband, I am of the considered opinion that the suit could be transferred to any other civil Court, since the proceeding in the Family Court will require the presence of the party for every hearing. Considering the fact that the parties are Mohammedans, the proceedings in F.C.O.S.No.9 of 2019 is withdrawn from the file of the Family Court, Chengalpattu and the same is transferred to the file of the Principal District Munsif Court, Trichy to be disposed of in accordance with law. The Family Court, Chengalpattu is directed to transmit the papers to the Principal District Munsif Court, Trichy forthwith.

4. This transfer civil miscellaneous petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Family Court, Chengalpattu 2.The Principal District Munsif, Trichy TR.C.M.P.(MD)No.31 of 2020 SMA/02/03/2020/1P/3C 21.02.2020 https://hcservices.ecourts.gov.in/hcservices/ 1/1