M.Shifano Rani v. S.Clement

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2025 THE HONOURABLE MR.JUSTICE SHAMIM AHMED and C.M.P.(MD)Nos.2498, 2499 and 5407 of 2024 M.Shifano Rani Daughter of Mohan Fernando Door No. 91-J North Kallikulam Road Meenavankulan Nanguneri Taluk Tirunelveli District Tamil Nadu 627502 Permanently residing at Door No. 147-I Main Kallikulam Road Meenavankulam Kallikulam Tirunelveli - 627502.

... Petitioner vs.

S.Clement Son of D. Selvam Door No. 40 Venkatesan Street West Tambaram Chengalpattu District Tamil Nadu Pin Code- 600045.

... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure to pass an order withdrawing the divorce 1/5

petition in F.C.I.D.O.P. No. 18 of 2024 on the file of the Family court, Chengalpattu and to transfer the same to the file of the Subordinate Court, Nanguneri.

For Petitioner : No appearance For Respondent : Mr.S.Chandra Sekar

O R D E R

This Transfer Civil Miscellaneous Petition is filed to withdraw the case in FCIDOP.18 of 2024 pending on the file of the Family Court, Chengalpattu and transfer the same to the file of Subordinate Court, Nanguneri.

2.Today, when the matter is being taken up, no one appeared on behalf of the petitioner.

3.Heard Mr.S.Chandra Sekar, learned counsel for the respondent. 4.Mr.S.Chandra Sekar, learned counsel for the respondent submits that the matter has already been settled between the parties, as the dispute is purely matrimonial in nature, being between the husband and wife and a decree of divorce under Section 10-A of the Indian Divorce 2/5

Act, 1869, has also been passed on 02.09.2025. Thus, he submits that the relief sought for by the petitioner has now become infructuous and there is no cause of action also exists in the present Transfer Civil Miscellaneous Petition and prays this Court that suitable orders may be passed, accordingly.

5.A copy of order made in FCIDOP.250 of 2025, dated 02.09.2025 on the file of the Family Court, Chengalpet, has been produced before this Court and the same is taken on record.

6.Accordingly, in view of the arguments as advanced by the learned counsel for the respondent and also considering the fact that the matter has already been settled between the parties and a decree of divorce under Section 10-A of the Indian Divorce Act, 1869, has also been passed, this Court is of the view that no useful purpose will be served in continuing with the present Transfer Civil Miscellaneous Petition, as there is no cause of action exists in the present Transfer Civil Miscellaneous Petition and the relief sought for by the petitioner has now become infructuous.

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7.Accordingly, this Transfer Civil Miscellaneous Petition is dismissed as having become infructuous. Interim order, if any, shall stand vacated and the file is consigned to record. No costs. Consequently, connected Miscellaneous Petitions are closed. Index :Yes / No 21.11.2025 Internet :Yes / No NCC :Yes / No mm To 1.The Judge, Family court, Chengalpattu.

2.The Subordinate Judge, Nanguneri.

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SHAMIM AHMED, J.

mm 21.11.2025 5/5