Allowed

A.Shafrinnazz v. a.Abdul Kareem

Madras HC2 Aug 2023TR CMP/873/2022

Case brief

AI extract

What is this about?

Transfer Civil Miscellaneous Petition praying for withdrawal of divorce suit from Chengalpattu and transfer to Villupuram Family Court allowed due to petitioner's residence and harassment, suit transferred with instruction to expedite trial.

What did the court decide?

Transfer of O.S.No.07 of 2021 from Family Court, Chengalpattu to Family Court, Villupuram and direction to transmit papers and expedite trial.

A.Shafrinnazz Vs a.Abdul Kareem — Matrimonial and Divorce | Madras HC (2023)

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Tr.C.M.P.No.873 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.08.2023

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CORAM

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THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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Tr.C.M.P.No.873 of 2022 and C.M.P.No.15086 of 2022

A.Shafrinnazz

.. Petitioner

Versus

A.Abdul Kareem .. Respondent

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PRAYER : This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw O.S.No.07 of 2021 pending before the learned Family Court, at Chengalpattu, Chengalpattu District and transfer the same to the Family Court, Villupuram.

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For Petitioner : Mr.T.Balachandran

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For Respondent : Mr.D.Padmanabhan ---

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

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Tr.C.M.P.No.873 of 2022

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ORDER

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This Transfer Civil Miscellaneous Petition has been filed to

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withdraw the suit in O.S.No.07 of 2021 on the file of the Family Court, at Chengalpattu, Chengalpattu District and transfer to the Family Court, Villupuram.

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The case of the petitioner is that the marriage between the petitioner and the respondent took place on 19.12.2019 at Royal Marriage Hall, Thiyagadurugam, Kallakurichi District as per the Shariat are government by Muslim Personal Law. At the time of marriage, the respondent's family demanded dowry and when the same was delayed, the respondent and his family members threatened the petitioner. Further, the respondent used to harass the petitioner mentally and physically every day and used to ask the petitioner to get gifts from her father, after a couple of times when she denied to do the same the respondent along with his parents used filthy language against the petitioner and thereafter, the petitioner left out the matrimonial house. Subsequently, the respondent filed O.S.No.07 of 2021 for dissolution of marriage before the Family Court, Chengalpattu.

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

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Tr.C.M.P.No.873 of 2022

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The learned counsel for the petitioner submitted that the petitioner is a lady and she living along with her parents in Thiyagaduram, Villupuram District, which is more than 183 kms from the Chengalpet Court. The bus journey takes around three hours from Thiyagaduram to Chengalpet and therefore, she cannot afford to do such long journey's all alone to and fro. He also submitted that the respondent only with an intention to harass the petitioner has filed the divorce petition in Chengalpet. Hence, the learned counsel for the petitioner prayed that the

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relief sought for in the Transfer Miscellaneous Petition may be granted.

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The learned counsel for the respondent submitted that the at the time of marriage, there were lot of differences of opinion, quarrels and problems between the respondent and the petitioner. He further submitted that the petitioner did not even performed her household work, the defendant always used to talk with her mother through phone. The petitioner always blamed plaintiff's mother with unwanted thing, and also created a problem for silly things.

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

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Tr.C.M.P.No.873 of 2022

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Heard the learned counsel for the petitioner as well as the learned counsel for the respondent and perused the materials available on record.

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It is seen from the records that the petitioner and the respondent

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are the husband and wife and due to misunderstanding, they were living separately and the respondent has filed a divorce petition before the Family Court, Chengalpattu.

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Considering the facts and circumstances, O.S.No.07 of 2021

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pending on the file of the Family Court, Chengalpattu stands transferred to the Family Court, Villupuram forthwith. The Family Court, Chengalpattu is directed to transmit all the case papers to the Family Court, Villupuram within a period of four (4) weeks from the date of receipt of a copy of this order and thereafter, the trial Court is directed complete the trial in O.S.No.07 of 2021 as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order.

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

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Tr.C.M.P.No.873 of 2022

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With the above observations, the Transfer Civil Miscellaneous

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Petition is allowed. Consequently, the connected Miscellaneous Petition is

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closed. No costs.

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02.08.2023

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kv Index: Yes/No Speaking order/Non-speaking order Neutral Citation: Yes/No

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The Family Court, Chengalpattu.

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The Family Court, Villupuram.

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

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Tr.C.M.P.No.873 of 2022

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V.BHAVANI SUBBAROYAN,J.

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Tr.C.M.P.No.873 of 2022

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02.08.2023

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

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A.Shafrinnazz v. a.Abdul Kareem

Case brief

What is this about?

What did the court decide?

A.Shafrinnazz v. a.Abdul Kareem

Case brief

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