Allowed

K.Sumaiya v. Muneer Ahmed

Madras HC18 Mar 2022TR CMP/112/2022

Case brief

AI extract

What is this about?

The petitioner sought to transfer a restitution of conjugal rights suit from the Family Judge, Chennai, to the Family Court, Vellore, citing her residence in Vellore with her children and financial difficulties traveling to Chennai. The respondent did not appear. The court allowed the transfer.

What did the court decide?

Transfer Civil Miscellaneous Petition allowed; O.S.No.321 of 2021 withdrawn from III Family Judge, Chennai and transferred to the Family Court, Vellore.

K.Sumaiya Vs Muneer Ahmed — Matrimonial and Divorce | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.03.2022

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CORAM

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THE HON'BLE MS.JUSTICE P.T.ASHA

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TR.C.M.P.NO.112 OF 2022 AND C.M.P.NO.2078 OF 2022

K.Sumaiya

... Petitioner

Muneer Ahmed ... Respondent

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PRAYER:

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Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw and transfer the restitution of conjugal rights in O.S.No.321/2021 pending on the file of the learned III Family Judge, Chennai to the learned Family Court, Vellore, Vellore District.

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For Petitioner : Mr.E.Kannadasan

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For Respondent : Served – No appearance

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This Transfer Civil Miscellaneous Petition is filed seeking to withdraw O.S.No.321/2021 filed by the respondent/husband for the restitution of conjugal rights from the file of the III Family Judge, Chennai and transfer the same to the file of the Family Court, Vellore, Vellore District.

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The Transfer is sought for by the petitioner-wife on the ground that she is residing in her parents house along with her two female children in Vellore. It is her grievance that she finds it very difficult to travel alone from Vellore to Chennai. Further, the respondent/husband is not paying maintenance to her and her children.

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Heard the learned counsel for the petitioner and perused the materials available on record. The respondent, though served, has not entered appearance.

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https://hcservices.ecourts.gov.in/hcservices/

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Considering the reasons given and the fact that the wife is residing within the Jurisdiction of the Family Court, Vellore, this Court is of the considered view that the request for transfer should be allowed.

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Accordingly, the transfer Civil Miscellaneous Petition is allowed and O.S.No.321 of 2021 pending on the file of the learned III Family Judge, Chennai shall withdrawn and transferred to the file of the Family Court, Vellore. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar(CS VII)

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//True Copy//

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Sub Assistant Registrar

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ssn

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The III Family Judge, Chennai.

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The Family Judge, Vellore.

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+1cc to Mr.E.Kannadasan, Advocate, S.R.No.18505

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Tr.C.M.P.No.112of 2022

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and C.M.P.No.2078 of 2022

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GMR(CO) PM/05/04/2022

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https://hcservices.ecourts.gov.in/hcservices/

K.Sumaiya v. Muneer Ahmed

Case brief

What is this about?

What did the court decide?

K.Sumaiya v. Muneer Ahmed

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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