Madras High Court
Afrheedha Fathima vs U.B.Dhanish Raja on 26 August, 2021
Tr.C.M.P.No.365 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.No.365 of 2021 and
C.M.P.Nos.8537 & 8541 of 2021
[Through video conferencing]
Afrheedha Fathima ... Petitioner
-vs-
U.B.Dhanish Raja ... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of
the Code of Civil Procedure, to withdraw the above case in O.P.No.22 of 2021
from the file of the learned Family Judge, Coimbatore and transfer the same to
the file of the learned Family Judge at Ootacamund, The Nilgiris to be tried
along with the case in M.C.No.2 of 2021 filed by the petitioner herein which
is pending on its file.
For Petitioner : Ms.D.Jagajothi
For Mr.T.Shanmugam
For Respondent : No appearance
*****
ORDER
The present Transfer Civil Miscellaneous Petition is filed to withdraw
the above case in O.S.No.22 of 2021 from the file of the learned Family Judge,
Coimbatore and transfer the same to the file of the learned Family Judge at
Ootacamund, The Nilgiris to be tried along with M.C.No.2 of 2021 filed by
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.365 of 2021
the petitioner herein which is pending on its file.
2.The respondent/husband has filed a suit in O.S.No.22 of 2021 before
the Family Judge at Ootacamund, the Nilgiris for a declaration, declaring the
marriage between the petitioner and the husband as per Muslim Law and also
for consequential permanent injunction, restraining the petitioner and her
relatives from claiming the respondent as husband. The said suit is now
pending before the learned Family Judge at Coimbatore. The petitioner/wife
has filed a petition in M.C.No.2 of 2021 before the Family Court at
Ootacamund, the Nilgiris for maintenance.
3.The learned counsel for the petitioner/wife submitted that the
petitioner is residing with her parents home at Ootacamund, the Nilgiris and
she is taking care of them. The distance between Ootacamund to Coimbatore
is around 85 Kms. Moreover, she has no source of income and she is facing
serious physical and financial problem, she finds it difficult to travel alone
from Ootacamund to Coimbatore for attending the Court on every hearings in
O.S.No.22 of 2021. Therefore, on the ground of convenience, she seeks to
transfer the case from the Family Court, Coimbatore to the Family Court,
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.365 of 2021
Ootacamund, the Nilgiris to be tried along with M.C.No.2 of 2012, pending on
the file of the Family Court, Ootacamund, the Nilgiris.
4.There is no representation on behalf of the respondent either in person
or his counsel.
5.Heard the learned counsel for the petitioner and perused the materials
available on record.
6.This Court is having satisfied with the reasons stated in the affidavit
filed in support of this petition. Further, since two cases are pending from two
different Courts i.e., the wife filed a petition for maintenance and the husband
filed a suit for declaration and permanent injunction, to avoid multiplicity of
proceedings and conflicting judgments, both the cases have to be tried before
a single Judge.
7. Considering the facts and circumstances of the case and considering
the submission made by the learned counsel for the petitioner, O.S.No.22 of
A.A.NAKKIRAN, J.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.365 of 2021
ssi
2021 is withdrawn from the file of the Family Court at Coimbatore and
transferred to the file of the Family Court at Ootacamund, the Nilgiris to be
tried along with M.C.No.2 of 2021 for disposal as per law. The learned Family
Judge, Coimbatore, is directed to transmit the papers to the Family Court,
Ootacamund forthwith. The learned Family Judge, Ootacamund is directed to
dispose O.S.No.22 of 2021 along with M.C.No.2 of 2021 on merits and in
accordance with law as expeditiously as possible.
8.In fine, this petition is allowed. No costs. Consequently, the connected
miscellaneous petitions are also closed.
26.08.2021
Internet : Yes / No
Index : Yes / No
ssi
To:
1. The Family Court, Ootacamund.
2. The Family Court, Coimbatore.
Tr.C.M.P.No.365 of 2021 and
C.M.P.Nos.8537 & 8541 of 2021
https://www.mhc.tn.gov.in/judis/
