Naseema Begum v. Riyazuddin

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD) No.5691 of 2023 Naseema Begum ... Petitioner Vs.

Riyazuddin ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, to withdraw O.S.No.76 of 2022 from the file of the Family Court, Madurai and transfer the same to the file of the Sub Court, Hosur.

For Petitioner : Mr.P.Gokulnaath For Respondent : Mr.Noor Mohammed

O R D E R

This Transfer Civil Miscellaneous Petition has been filed to transfer O.S.No.76 of 2022 from the Family Court, Madurai to the Sub Court, Hosur.

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2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. The prayer for transfer of O.S.No.76 of 2022 from the Family Court, Madurai to the Sub Court, Hosur is on the reasoning that the petitioner is a resident of Hosur and is taking care of the minor child aged about 9 months. In the affidavit filed in support of this petition, the petitioner has expressed her financial conditions. It is submitted that the distance between the Madurai and Hosur is approximately 350 kms.

4. Considering the fact that the petitioner is aged about 21 years and has a minor child aged about 9 months, I am inclined to allow this Transfer Civil Miscellaneous Petition by ordering the transfer of O.S.No. 76 of 2022 on the file of the Family Court, Madurai to the file of the Sub Court, Hosur for being tried.

5. It is open for the respondent to request the Sub Court, Hosur to refer the matter for mediation before the case is taken up for final hearing. Page No. 2 of 4

6. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. No cost. Consequently, connected Miscellaneous Petition is closed.

09.06.2023 NCC : Yes / No Internet: Yes/No jen To 1.The Family Court, Madurai.

2.The Sub Court, Hosur.

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C.SARAVANAN, J.

jen and C.M.P.(MD) No.5691 of 2023 09.06.2023 Page No. 4 of 4