← Library
Madras High CourtTR CMP(MD)/53/2023dismissed

T.A.Thameem Ansar Ali v. P.Nasreen

2023-02-20Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.1303 of 2023 T.A.Thameem Ansar Ali ... Petitioner/ Plaintiff Vs.

P.Nasreen ... Respondent/ Defendant PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the O.S.No.55 of 2020 on the file of the District Munsif Court, Tiruchendur and to transfer the same to the Family Court, Madurai for disposal. For Petitioner : Mr.B.Muneeswaran

ORDER

The present transfer civil miscellaneous petitioner has been filed by the husband seeking to transfer O.S.No.55 of 2020 pending on the file of the District Munsif Court, Tiruchendur, to be transferred to Family Court, Madurai.

2. According to the learned counsel appearing for the petitioner/husband, the relatives of the wife have threatened him at 1/4

Chennai and hence, he finds it very difficult to attend the hearing at Tiruchendur.

3. The wife had already filed Tr.C.M.P.No.539 of 2018 and it was allowed on 27.07.2020 transferring the suit from Family Court, Madurai to District Munsif Court, Tiruchendur. Now, the husband wants it to be re-transferred to Family Court, Madurai citing some threat from the side of the relatives of the wife.

4. No documents have been enclosed to disclose that any complaint was lodged to the concerned Judicial Officer at Tiruchendur. The records do not reveal that any complaint has been lodged to the concerned police station at Tiruchendur. Therefore, the request of the husband to re-transfer the same to Family Court, Madurai, is not sustainable.

5. Accordingly, the Transfer Civil Miscellaneous Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed.

14.02.2023 NCC : Yes / No Index : Yes / No 2/4

Rmk To 1.The Judge, Family Court, Madurai.

2.The District Munsif, Tiruchendur.

3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

3/4

R.

VIJAYAKUMAR ,J.

Rmk Order made in 20.02.2023 4/4