Madras High Court
Dr.S.Nadiya Manzoor vs Dr.P.Hameed Farooq on 16 July, 2021
Tr CMP (MD) No. 266 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :16.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.(MD) No.266 of 2021
and
CMP(MD).No.5414 of 2021
Dr.S.Nadiya Manzoor ... Petitioner/Defendant
-vs-
Dr.P.Hameed Farooq .... Respondent/Petitioner
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the
Code of Civil Procedure, to withdraw the case in O.S.No.2 of 2021 from the file
of Family Court, Dindigul and transfer the same to the file of Family Court,
Kanyakumari at Nagercoil to be tried along with O.S.No.57 of 2020 (renumbered
as O.S.N0.178 of 2021) on the file of the Family Court, Kanyakumari at
Nagercoil and Guardian Ward Original Petition in G.W.O.P.No.217 of 2019
pending before the Family Court, Kanyakumari at Nagercoil.
For Petitioner : Mr.D.Nallathambi
For Respondent : No appearance
1/6
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 266 of 2021
ORDER
The present Transfer Civil Miscellaneous Petition is filed to withdraw the
case in O.S.No.2 of 2021 from the file of Family Court, Dindigul and transfer the
same to the file of Family Court, Kanyakumari at Nagercoil to be tried along with
O.S.No.57 of 2020 (renumbered as O.S.N0.178 of 2021) on the file of the Family
Court, Kanyakumari at Nagercoil and Guardian Ward Original Petition in
G.W.O.P.No.217 of 2019 pending before the Family Court, Kanyakumari at
Nagercoil.
2.The respondent/husband has filed O.S.No.2 of 2021 before the Family
Court at Dindigul to declare that there is no husband and wife relationship subsist
between themselves and other relief and also filed G.W.O.P.No.217 of 2019
before the Family Court (District Judge), Kanyakumari at Nagercoil for the
custody of his three children. The petitioner/wife has filed O.S.No.57 of 2020
before the District Munsif Court, Nagercoil for restitution of conjugal rights and
the same was transferred to the file of Family Court, Kanyakumair at Nagercoil
and renumbered as O.S.No.178 of 2021.
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 266 of 2021
3.The learned counsel for the petitioner/wife submitted that the petitioner is
a medical practitioner and she is having three children and now, she is perusing
Master Degree in medicine. The distance between Nagercoil and Dindigul is
nearly 290 kms and if the suit in O.S.No.2 of 2021 is tried separately, conflicting
judgments may arise. Therefore, he seeks to transfer the case in O.S.No.2 of 2021
to the file of Family Court, Kanyakumari at Nagercoil to try along with O.S.No.
57 of 2020 and G.W.O.P.No.217 of 2019 pending before the Family Court,
Kanyakumari at Nagercoil.
4.Though the name of the respondent is printed in the cause list, the
respondent has not chosen to appear either in person or through counsel duly
instructed.
5.It is seen that the respondent/husband has initiated two different
proceedings in two different courts and the petitioner/wife has also filed another
proceedings. If the cases are tried by different courts, it would lead to conflicting
judgments. Considering the facts and circumstances of the case and considering
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 266 of 2021
the submission made by the learned counsel for the petitioner, O.S.No.2 of 2021
is withdrawn from the Family Court, Dindigul and transferred to the file of the
Family Court, Kanyakumari at Nagercoil for disposal as per law. The learned
Judge, Family Court, Dindigul District, is directed to transmit the papers to the
file of the Family Court, Kanyakumari at Nagercoil, forthwith. The learned Judge,
Family Court, Kanyakumari at Nagercoil is directed to club the case in O.S.No.2
of 2021 along with O.S.No.57 of 2020 ( renumbered as O.S.No.178 of 2021) and
G.W.O.P.No.217 of 2019 together and dispose of the same on merits and in
accordance with law as expeditiously as possible.
6.The personal appearance of both parties before the Family Court,
Kanyakumari at Nagercoil, is dispensed with, except the dates of hearing, on
which, the learned Judge insisted upon the parties to appear before the Court. On
other hearing dates, the counsel on behalf of the parties may appear before the
court.
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 266 of 2021
7.In fine, this Transfer Civil Miscellaneous Petition is allowed. No costs.
Consequently, connected miscellaneous petition is closed.
16.07.2021
Internet : Yes / No
Index : Yes / No
msa/cp
NOTE: In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant concerned.
To:
1. The Judge, Family Court, Dindigul.
2. The Judge, Family Court, Kanyakumari at Nagercoil
https://www.mhc.tn.gov.in/judis/
Tr CMP (MD) No. 266 of 2021
A.A.NAKKIRAN, J.
msa/cp
Order made in
Tr.C.M.P.(MD) No.266 of 2021 and
CMP(MD).No.5414 of 2021
Dated:
16.07.2021
https://www.mhc.tn.gov.in/judis/
