Allowed

Kuthisiya Rani v. Riyas Mohamed Ali

Madras HC9 Dec 2022TR CMP(MD)/311/2022

Case brief

AI extract

What is this about?

In a Transfer Civil Miscellaneous Petition, the Madras High Court allowed the transfer of a suit for restitution of conjugal rights from the Family Court, Theni, to the Sub Court, Paramakudi. The court acted on the petitioner's grounds of distance and financial difficulty, supported by the respondent's consent.

What did the court decide?

O.S.No.4 of 2022 transferred to Sub Court, Paramakudi; Records transmission directed; No costs.

Kuthisiya Rani Vs Riyas Mohamed Ali — Matrimonial and Divorce | Madras HC (2022)

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TR.C.M.P(MD).No.311 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.12.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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TR.C.M.P(MD).No.311 of 2022 and C.M.P(MD).No.5181 of 2022

Kuthisiya Rani

... Petitioner

versus

Riyas Mohamed Ali ... Respondent

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Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C. to withdraw the suit in O.S.No.4 of 2022 on the file of the Family Court, Theni and transfer the same to the Sub Court, Paramakudi.

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ORDER

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This Transfer Civil Miscellaneous Petition is filed seeking transfer of O.S.No.4 of 2022 from the file of Family Court, Theni, to 1/6

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https://www.mhc.tn.gov.in/judis

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TR.C.M.P(MD).No.311 of 2022

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the file of the Sub Court, Paramakudi

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The petitioner herein is the wife and the respondent herein is the husband. The marriage between them was solemnized on 13.11.2016, as per Muslim Rites and Customs and out of the wedlock, they are blessed with a female child on 24.08.2017. According to the petitioner, she was harassed by the respondent and his family members in physically and mentally and she was also driven out from the matrimonial home. Though several steps were taken, the respondent has not chosen for reunion. Thereafter, the petitioner sent a legal notice dated 03.01.2022 to the respondent seeking maintenance. After receiving the said notice, the respondent, in order to escape from his liability, filed a suit in O.S.No.4 of 2022 before the Family Court, Theni, seeking restitution of conjugal rights. Now, the petitioner and her child are living along with her aged parents at Paramakudi. Since she is not having sufficient means and there is no one to accompany her, she finds it difficult to travel from Paramakudi to Theni. Hence,

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2/6

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https://www.mhc.tn.gov.in/judis

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TR.C.M.P(MD).No.311 of 2022

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she filed the present Transfer Civil Miscellaneous Petition to transfer

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the case in O.S.No.4 of 2022 from the file of the Family Court, Theni,

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to the file of the Sub Court, Paramakudi.

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The learned counsel appearing for the petitioner submits that the distance between Paramakudi and Theni is around 165 kms. Now, the petitioner and her child are living along with her aged parents at Paramakudi. Further, she is not having sufficient means and she also depends upon her parents to meet out her day-to-day expenses. Since there is no one to accompany her, she finds it difficult to travel from Paramakudi to Theni, for appearing before the Family Court, Theni, for each and every hearing.

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The learned counsel appearing for the respondent has no objection for transferring the case from the file of the Family Court, Theni, to the file of the Sub Court, Paramakudi.

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3/6

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https://www.mhc.tn.gov.in/judis

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TR.C.M.P(MD).No.311 of 2022

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In view of no objection having been made by the learned

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counsel for the respondent, this Court is inclined to allow the Transfer Civil Miscellaneous Petition.

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Accordingly, the Transfer Civil Miscellaneous petition stands allowed. The proceedings in O.S.No.4 of 2022 pending on the file of the Family Court, Theni, is withdrawn and ordered to be transferred to the file of the Sub Court, Paramakudi. The Family Court, Theni, is directed to transmit the entire case records to the Sub Court, Paramakudi, forthwith. The learned Sub Judge, Paramakudi, shall dispose of the case as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.

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09.12.2022

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Index : Yes / No Internet: Yes / No ogy

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4/6

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https://www.mhc.tn.gov.in/judis

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TR.C.M.P(MD).No.311 of 2022

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The Family Court, Theni.

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The Sub Court, Paramakudi.

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5/6

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https://www.mhc.tn.gov.in/judis

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TR.C.M.P(MD).No.311 of 2022

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B.PUGALENDHI, J.

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ogy

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TR.C.M.P(MD).No.311 of 2022

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09.12.2022

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6/6

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https://www.mhc.tn.gov.in/judis

Kuthisiya Rani v. Riyas Mohamed Ali

Case brief

What is this about?

What did the court decide?

Kuthisiya Rani v. Riyas Mohamed Ali

Case brief

What is this about?

What did the court decide?

What the court decided

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