Shahana Taj Begam v. Nizamudeen Sherif
Case brief
What is this about?
The High Court transferred a pending divorce suit from a District Court to a Chennai Family Court to ensure the convenience of the wife residing in Chennai, relying on Supreme Court precedents regarding the convenience of the wife.
What did the court decide?
Transfer of suit O.S.No.73 of 2018 from District Munsif Court, Ambur to Family Court, Chennai. Transmission of records within two weeks.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.11.2018
CORAM:
THE HONOURABLE MR. JUSTICE R. PONGIAPPAN
Transfer CMP. No.705 of 2018 and C.M.P.No. 17458 of 2018
Shahana Taj Begam Petitioner
Vs
Nizamudeen Sherif Respondent
PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 (1) (b) (ii) of Code of the Civil Procedure to withdraw the suit in O.S.No.73 of 2018 pending on the file of District Munsif, Ambur and to transfer the same to any of the Family Court in Chennai.
For Petitioner : Mr.M.Hussaini Basha
For Respondent : Mr. T.N.Rangesh Kanna
O R D E R
Issues for consideration
2 issues framed by the court
Whether a suit for divorce pending in a District Court can be transferred to a Family Court for the convenience of the wife.
Whether the wife's residence outside the jurisdiction of the court below necessitates a transfer of the case.
Parties & counsel
- petitioner
Shahana Taj Begam
- respondent
Nizamudeen Sherif
Coram
R. PongIappan
Case details
As recorded by the court registry
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