Petitioner-wife sought transfer of husband's suit to Family Court for joint trial with her divorce petition. Court allowed transfer citing common issues and wife's residence with a young child.
O.S.No.221 of 2023 transferred to Family Court, Namakkal for joint trial with O.S.No.3 of 2023.
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.
TR.CMP.No.106 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2024
CORAM:
THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANAN
TR.CMP.No.106 of 2024 and CMP.No.2362 of 2024
Tasleem Marsiya
... Petitioner
Vs
Mohamed Yasar
... Respondent
Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of CPC praying to withdraw and transfer O.S.No.221 of 2023 on the file of District Munsiff Court, Aranthangi to the Family Court, Namakkal for joint trial with O.S.No.3 of 2023.
For Respondent : Mr.P.G.Thiyagu
ORDER
The petitioner-wife has presented this petition to withdraw the suit
filed by the respondent-husband in O.S.No.221 of 2023 before the District
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Munsif Court, Aranthangi and to transfer it to Family Court, Namakkal, to be tried jointly with O.S.No.3 of 2023 filed by her before the Family Court, Namakkal.
respondent-husband is a resident of Aranthangi in Pudukkottai. The petitioner and the respondent got married on 10.03.2019 at Pudukottai. Out of their wedlock, she gave birth to a girl child on 30.11.2019. Thereafter, their matrimonial life ran into rough weather and the respondent-husband gave talaqs on three occasions i.e, on 30.06.2023, 10.08.2023 and 29.09.2023. According to the petitioner-wife, the pronouncement of talaqs is not maintainable as per the procedure and rules of Islamic Law. Hence, she challenged the same in O.S.No.3 of 2023 on the file of Family Court, Namakkal. As a counterblast, the respondent-husband filed a suit in O.S.No.221 of 2023 on the file of District Munsif Court, Aranthangi against the petitioner. Now, the present revision is filed for joint trial of both these suits before the Family Court, Namakkal.
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Mr.P.G.Thiyagu for the respondent.
2023 the same issues are being adjudicated, in the interest of justice, both the suits are required to be tried by the same learned Judge.
TR.CMP.No.106 of 2024
other non-essential or procedural hearings, he may be represented through his counsel.
petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.
23.04.2024
Index:Yes/No Internet:Yes/No Speaking order/Non-speaking order ds
To:
1.The Judge Family Court Namakkal.
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V.LAKSHMINARAYANAN,J.
ds
TR.CMP.No.106 of 2024
23.04.2024
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1 issue framed by the court
Whether O.S.No.221 of 2023 should be transferred from District Munsiff Court, Aranthangi to Family Court, Namakkal for joint trial with O.S.No.3 of 2023?
1 provisions across 1 enactments
Tasleem Marsiya
Mohamed Yasar
V.LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
