Madras High CourtTR CMP(MD)/420/2022allowed

J.Nisha Banu v. Faizal Raja

2023-03-17Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Tr.C.M.P.(MD) No.420 of 2022 and CMP(MD)No.6885 of 2022 J.Nisha Banu ... Petitioner/Defendant -vsFaizal Raja ... Respondent/Plaintiff Rep through his power agent Mohamed Rabick (Amended vide order dated 17.03.2023 in CMP(MD)No.8051 of 2022 in TR CMP(MD)No.420 of 2022) PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to pass orders to withdraw the case in O.S.No.36 of 2022 pending on the file of the Family Court, Tiruchirappalli and transfer the same to the Family Court, Sivagangai, or any other competent court in Sivagangai within the time stipulated by this Court.

For Petitioner : Mr.S.M.A.Jinnah

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the case in O.S.No.36 of 2022 on the file of Family Court, Tiruchirappalli, and transfer the same to Family Court, Sivagangai, or any other competent court in Sivagangai.

2.Delivery of notice on the respondent is confirmed as per the affidavit of proof of service filed by the petitioner. The notice was taken on 10.09.2022 and has been served on 14.09.2022. Despite service of notice, the respondent has failed to appear.

3.Being satisfied with the reasons given in the affidavit filed in support of the petitioner and considering the constrain that the petitioner has to undergo travelling from Sivagangai to Trichy District, this Court is inclined to transfer O.S.No.36 of 2022 from Family Court, Tiruchirappalli, to Family Court, Sivagangai. The Family Court, Sivagangai, shall endeavour to bring closure to the dispute between the parties within a period of 12 months from the date of receipt of a copy of this order.

4.With the above observation, this Civil Revision Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 17.03.2023 2/2 NCC : Yes / No Internet : Yes / No Index : Yes / No dss To:

1.The Family Court, Tiruchirappalli.

2. The Family Court, Sivagangai.

C.SARAVANAN, J.

dss Order made in Tr.C.M.P.(MD) No.420 of 2022 and CMP(MD)No.6885 of 2022 Dated:

17.03.2023