IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, J.
Ayisha Nazreen – Petitioner
Versus
Shabir Ali – Respondent
Tr.C.M.P.No.1187 of 2022 and C.M.P.No.20259 of 2022
Decided On : 09-01-2023
Civil Procedure Code, 1908 – Section 24 – Muslim Rites and Customs – Marriage between petitioner and respondent was solemnised as per Muslim Rites and Customs – Due to misunderstanding petitioner and respondent are living separately – Held, Therefore, she is not in a position to travel and contest case filed by respondent – Considering facts and circumstances, O.S. pending on file of V Additional Family Court, Chennai stands transferred to Family Court forthwith – V Additional Family Court, Chennai is directed to transmit case papers to Family Court, within a period of four (4) weeks from date of receipt of a copy of this order – Petition allowed.
ORDER :
Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the O.S.No.200 of 2022 on the file of the V Additional Family Court, Chennai to the Family Court, Mannargudi who is also having competent jurisdiction.
The petition for transfer is filed to withdraw and transfer the O.S.No.200 of 2022 on the file of the V Additional Family Court, Chennai to the Family Court, Mannargudi.
2. The marriage between the petitioner and the respondent was solemnised on 15.06.2011 as per the Muslim Rites and Customs. Due to misunderstanding the petitioner and the respondent are living separately. From and out of the wedlock between the petitioner and respondent a male child was born and now aged about 9 years. The respondent filed O.S.No.200 of 2022 on the file of the V Additional Family Court at Chennai. The petitioner is residing along with her parents and she is unemployed and she has to take care of her son. Therefore, she is not in a position to travel and contest the case filed by the respondent.
3. Considering the facts and circumstances, the O.S.No.200 of 2022 pending on the file of the V Additional Family Court, Chennai stands transferred to the Family Court at Mannargudi forthwith. The V Additional Family Court, Chennai is directed to transmit the case papers to the Family Court at Mannargudi, within a period of four (4) weeks from the date of receipt of a copy of this order.
4. With the abovesaid directions, the Transfer Civil Miscellaneous Petition stands allowed. However, there shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.
SupremeToday
The court emphasized the importance of the wife's residence in determining jurisdiction and considered the difficulties faced by the wife in contesting proceedings at a distant location, highlighting....
The main legal point established in the judgment is the significance of considering the residence of the wife in determining jurisdiction in matrimonial cases and the need to safeguard the interests ....
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