Madras High Court
M.Hajara vs Abdul Hakeem on 8 August, 2022
Tr.C.M.P.No.565 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Tr.C.M.P. No.565 of 2022 and
C.M.P.No.10293 of 2022
M.Hajara ... Petitioner
..Vs..
Abdul Hakeem ... Respondent
Prayer:- Petition is filed under Section 24 of C.P.C., to withdraw the
proceedings in O.S.No.10 of 2022 pending on the file of the District Munsif
Court, Mudukulathur and transfer the same to the file of the Family Court,
Chennai.
For Petitioner : Mr.A.Thirumaran
For Respondent : No appearance
ORDER
This petition is filed to withdraw the proceedings in O.S.No.10 of 2022
pending on the file of the District Munsif Court, Mudukulathur and transfer the
same to the file of the Family Court, Chennai.
2.Heard the learned counsel for the petitioner and perused the materials
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.565 of 2022
available on record. The respondent, though served, has not entered appearance
either in person or through counsel.
3.The petitioner is the wife and respondent is the husband. The marriage
between the petitioner and respondent was solemnized on 24.03.2019 in
accordance with the Muslim Religious Rights and Customs. Since, the
relationship between the couples went bitter, the Respondent/Husband filed
O.S.No.10 of 2022, pending on the file of the District Munsif Court,
Mudukulathur, against the petitioner seeking divorce. Now, the petitioner herein
who is the wife has preferred the present petition to withdraw O.S.No.10 of
2022, pending on the file of the District Munsif Court, Mudukulathur and
transfer the same to the file of the Family Court, Chennai.
4. The petitioner has stated that she along with her child are residing at
her parental home and it is very difficult for the petitioner to travel from
Chennai to Mudukulathur, for attending the Court proceedings at
Mudukulathur.
5.It is needless to state that in matrimonial proceedings, preference
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.565 of 2022
should be given to the convenience of the wife. The said position has been
settled in various judgments of the Hon'ble Supreme Court and more
particularly in the judgments reported in 2008 (9) SCC 353 [Arti Rani @
Pinki Devi and another Vs. Dharmendra Kumar Gupta] and AIR 2002 SC
396 [Sumita Singh Vs. Kumar Sanjay and another]. In view of the above
reasons, I feel that the prayer of the petitioner should be considered favourably.
6.Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The
petition in O.S.No.10 of 2022 filed by the Respondent is ordered to be
withdrawn from the file of the District Munsif Court, Mudukulathur and
transferred to the file of the Family Court, Chennai. The learned District
Munsif, Mudukulathur is directed to transmit all the records pertaining to
O.S.No.10 of 2022 to the file of the Family Court, Chennai, within a period of
two weeks from the date of receipt of a copy of this order. No costs.
Consequently, connected Miscellaneous Petition is closed.
08.08.2022
Index:Yes/No
Speaking Order:Yes/No
vkr
R.N.MANJULA,J.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.565 of 2022
vkr
To
1.The District Munsif, Mudukulathur.
2.The Judge, Family Court, Chennai.
Tr.C.M.P. No.565 of 2022 and
C.M.P.No.10293 of 2022
08.08.2022
https://www.mhc.tn.gov.in/judis
