Allowed

S.Shanaz v. H.Mohamed Sharafathulla

Madras HC5 Apr 2024TR CMP/134/2024

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's suit from Ramanathapuram Family Court to Chennai for joint trial with her suit declaring triple talaq void. Court allowed transfer to avoid conflicting judgments, noting travel hardship for the woman with two children.

What did the court decide?

O.S.No.26 of 2023 transferred from Ramanathapuram Family Court to VII Additional Principal Judge, Family Court, Chennai, to be tried with O.S.No.382 of 2023; no costs.

S.Shanaz Vs H.Mohamed Sharafathulla — Matrimonial and Divorce | Madras HC (2024)

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Tr.C.M.P.No.134 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.04.2024

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CORAM

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THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN

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Tr.C.M.P.No.134 of 2024 and C.M.P.No.2776 of 2024

S.Shanaz

... Petitioner

Prayer : Petition filed under Section 24 of the Code of Civil Procedure praying to order withdrawal of suit in O.S.No.26 of 2023 on the file of the learned Family Court, Ramanathapuram and transfer the same to the learned VII Additional Principal Judge, Family Court at Chennai and tried along with suit in O.S.No.382 of 2023.

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For Petitioner : Mr.K.Ezhumalai

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For Respondent : Mr.P.Santhosh

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O R D E R

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The wife had filed a suit in O.S.No.382 of 2023 on the file of the

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VII Additional Principal Judge, Family Court at Chennai seeking for a declaration to declare the triple Talaq given by the husband as null and void.

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

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Tr.C.M.P.No.134 of 2024

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After service of summons in the suit, the husband presented

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O.S.No.26 of 2023 on the file of the Subordinate Judge at Ramanathapuram.

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To avoid conflicting judgments, it is just and necessary that both

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the suits are tried together. Sending a woman from Chennai to Ramanathapuram to attend a Court hearing, especially when she has two children would be a very difficult task. Therefore I am inclined to transfer O.S.No.26 of 2023 pending on the file of the learned Family Court at Ramanathapuram to be heard and tried along with O.S.No.382 of 2023 on the file of the learned VII Additional Principal Judge, Family Court at Chennai.

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Accordingly, the Tr.C.M.P. is allowed. No costs. Consequently,

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connected miscellaneous petition is closed.

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05.04.2024

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Index : Yes/No Neutral Citation : Yes/No Sgl

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Tr.C.M.P.No.134 of 2024

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1.The VII Additional Principal Judge, Family Court, Chennai.

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2.The Family Court, Ramanathapuram.

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

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Tr.C.M.P.No.134 of 2024

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V. LAKSHMINARAYANAN, J.

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Sgl

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Tr.C.M.P.No.134 of 2024

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05.04.2024

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

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S.Shanaz v. H.Mohamed Sharafathulla

Case brief

What is this about?

What did the court decide?

S.Shanaz v. H.Mohamed Sharafathulla

Case brief

What is this about?

What did the court decide?

What the court decided

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