Allowed

M.Hajira Banu v. Sulthan Basha

Madras HC22 Mar 2024TR CMP(MD)/103/2024

Case brief

AI extract

What is this about?

This transfer petition sought to move a dissolution of marriage case from Madurai to Theni Family Court for the convenience of the wife. The court allowed the petition and directed the Madurai Family Court to transfer records to Theni.

What did the court decide?

Directed Family Court, Madurai, to transfer all records of O.S. 71 of 2023 to Family Court, Theni. Connected miscellaneous petition closed. No costs.

M.Hajira Banu Vs Sulthan Basha — Matrimonial and Divorce | Madras HC (2024)

¶1

TR.C.M.P(MD).No.103 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 22.03.2024

¶4

CORAM :

¶5

THE HONOURABLE Mr.JUSTICE G.ILANGOVAN

¶6

TR.C.M.P(MD)No.103 of 2024 and C.M.P(MD)No.1959 of 2024

¶7

M.Harija Banu ... Petitioner

Sulthan Basha

... Respondent

Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the O.S.No.71 of 2023 pending on the file of the Family Court at Madurai and transfer the same to the Family Court at Theni and to try the case in accordance with law in the interest of justice.

¶12

For Petitioner : Mr.I.Romeo Roy Alfred

¶13

For Respondent : Mr.R.Karunanidhi

¶14

1/4

¶15

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

¶16

TR.C.M.P(MD).No.103 of 2024

¶17

ORDER

¶18

This Transfer Civil Miscellaneous Petition is filed to withdraw the O.S.No.71 of 2023 pending on the file of the Family Court at Madurai and transfer the same to the Family Court at Theni.

¶19

The case of the prosecution is that the marriage between the petitioner and the respondent was solemnized on 13.01.2019 at Theni, as per Islam Rites and Customs. At the time of marriage, petitioner's parents gave 40 sovereigns of gold jewels and household articles. Due to some misunderstanding, the petitioner was driven out from the matrimonial home. Later the respondent filed O.S.No.71 of 2023 before the Family Court, Madurai, seeking declaration of dissolution of marriage. Now the petitioner is living with her parents at Theni. Finding it difficult to travel from Theni to Madurai, to attend the Court proceedings, this petition came to be filed seeking transfer.

¶20

Learned counsel for the respondent would submit that the

¶21

respondent has no objection in transferring the case.

¶22

2/4

¶23

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

¶24

TR.C.M.P(MD).No.103 of 2024

¶25

In a matrimonial proceedings, the convenience of the wife is a

¶26

relevant factor. However, considering the fact that the wife is living in a far away place from Madurai, considering the convenience of the petitioner to attend the Court proceedings, this Transfer Civil Petition is liable to be allowed.

¶27

Accordingly, this Transfer Civil Miscellaneous Petition is liable to be allowed. There shall be a direction to the learned Judge, Family Court, Madurai, to transfer the entire records in O.S.No.71 of 2023, immediately to the file of the Family Court, Theni. After receiving the records, the learned Judge, Family Court, Theni, may assign new number and issue notice to parties for appearance and dispose the case in accordance with law. Consequently, connected miscellaneous petition is closed. No costs.

¶28

22.03.2024

¶29

NCC :Yes/No Index :Yes/No Internet : Yes/ No

¶30

3/4

¶31

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

¶32

TR.C.M.P(MD).No.103 of 2024

pnn

G.ILANGOVAN, J.

pnn

The Judge, Family Court, Theni.

¶38

The Judge, Family Court, Madurai.

¶39

ORDER IN TR.C.M.P(MD)No.103 of 2024 and C.M.P(MD)No.1959 of 2024

¶40

22.03.2024

¶41

4/4

¶42

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

M.Hajira Banu v. Sulthan Basha

Case brief

What is this about?

What did the court decide?

M.Hajira Banu v. Sulthan Basha

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

Similar cases

Manonmani Vs Krishnakumar

Kamal Batcha Vs Tamilselvam

Periya Muniyasamy Vs Kaliammal

Vinothini Vs Dongare Pravin Umesh

P.Kumar Vs G.Aloysius

Seema Vs Sankar Narayanan