Wife sought transfer of husband's divorce suit from Family Court, Madurai to Family Court, Theni, citing travel difficulty with her young child. The court held that in matrimonial disputes the wife's convenience is predominantly considered and allowed the transfer.
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Tr.C.M.P(MD)No.746 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.03.2025
CORAM
THE HON'BLE MR.JUSTICE P.VADAMALAI
Tr.C.M.P(MD)No.746 of 2024 and C.M.P(MD)No.17865 of 2024
S.Rijvana Parveen
... Petitioner
Vs.
M.Shahul Hameed
... Respondent
PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in O.S.No.89 of 2024 pending on the file of the Family Court, Madurai and transfer the same to the file of the Family Court, Theni for disposal of the same on merits in accordance with law.
For Petitioner : Mr.K.Althaf Sheriff for M/s. Ajmal Associates For Respondent : Mr.M.E.Ilango
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Tr.C.M.P(MD)No.746 of 2024
ORDER
This Transfer Civil Miscellaneous Petition is filed to withdraw the case in O.S.No.89 of 2024 from the file of the Family Court, Madurai and transfer the same to the file of the Family Court, Theni.
The marriage between the petitioner and the respondent was solemnized on 18.08.2019 at V.L.Krishnaswamy – Rukmaniammal Marriage Hall, Lakshmipuram, Periyakulam – Theni Road, Theni District as per Islamic customs and rites. Out of wedlock, they were blessed with a female child, who was born on 15.06.2020. Due to misunderstanding between the parties, they have separated and the respondent/husband has filed a original suit in O.S.No. 89 of 2024 before the Family Court, Madurai, seeking divorce.
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Tr.C.M.P(MD)No.746 of 2024
difficult to travel such a long distance to attend every Court hearing at Madurai along with her female child. Hence, she seeks to transfer the case as prayed for.
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Tr.C.M.P(MD)No.746 of 2024
copy of this order, and on receipt of such records, the learned Judge, Family Court, Theni, is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law.
No costs. Consequently, the connected Civil Miscellaneous Petition is closed.
20.03.2025
NCC : Yes / No Index : Yes / No Internet : Yes / No VSD
To
3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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Tr.C.M.P(MD)No.746 of 2024
P.VADAMALAI, J.
VSD
Order made in Tr.C.M.P(MD)No.746 of 2024 and C.M.P(MD)No.17865 of 2024
20.03.2025
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1 issue framed by the court
Whether the divorce suit O.S.No.89 of 2024 pending before Family Court, Madurai should be transferred to Family Court, Theni for the convenience of the wife?
1 provisions across 1 enactments
S.Rijvana Parveen
M.Shahul Hameed
P.Vadamalai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
