Madras High Court
Noorul Ain vs Kamal Nazeer on 25 January, 2023
2023/MHC/354
C.R.P.No.184 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.R.P.No.184 of 2023
and
C.M.P.No.1424 of 2023
Noorul Ain ... Petitioner
Vs.
Kamal Nazeer ... Respondent
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution
of India, to set aside the Judgment and Decree passed in O.S.No.251 of
2019 dated 02.12.2021 on the file of District Munsif cum Judicial
Magistrate, Thiruvidaimarudhur, (Transferred and renumbered from
O.S.No.363 of 2018 on the file of Principal District Munsif Court,
Kumbakonam).
For Petitioner : Mr.S.C.Vishwanth
ORDER
The Civil Revision Petition is filed to set aside the Judgment and
Decree passed in O.S.No.251 of 2019 dated 02.12.2021.
https://www.mhc.tn.gov.in/judis
C.R.P.No.184 of 2023
2. The marriage between the petitioner and the respondent was
solemnized on 26.10.2015 as per the Muslim Rites and Customs. One child
was born from and out of the wedlock between the petitioner and the
respondent and now with the custody of the petitioner / mother.
3. The respondent instituted a Suit in O.S.No.363 of 2018 for
Dissolution of Marriage on the file of the Principal District Munsif Court at
Kumbakonam. The revision petitioner during the relevant point of time was
residing at Chennai along with her parents. The revision petitioner had filed
a Transfer Petition in Tr.C.M.P.No.470 of 2019 before the High Court to
transfer the case from Kumbakonam Court to Chennai Court. High Court
granted an interim stay of all further proceedings in O.S.No.363 of 2018 and
without taking note of the interim stay granted by the High Court, the
Transfer Petition in Tr.C.M.P.No.470 of 2019 filed by the revision petitioner
was allowed by the High Court on 26.08.2019. The Principal District
Munsif Court, Kumbakonam instead of transferring the case papers relating
to the Suit in O.S.No.363 of 2018 to the Family Court at Chennai,
erroneously transmitted the case papers to the Court at Thiruvidaimarudhur.
Since the case papers were wrongly transferred to District Munsif Cum
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C.R.P.No.184 of 2023
Judicial Magistrate Court at Thiruvidaimarudhur, the revision petitioner was
not aware of the proceedings and the Court at Thiruvidaimarudhur passed
an ex-parte decree of Divorce against the revision petitioner and she had no
knowledge about the ex-parte decree passed by the District Munsif Cum
Judicial Magistrate Court at Thiruvidaimarudhur.
4. The Suit filed in O.S.No.363 of 2018 was re-numbered as
O.S.No.251 of 2019 by the District Munsif Cum Judicial Magistrate Court
at Thiruvidaimarudhur and challenging the ex-parte decree, the revision
petitioner has chosen to file the present Civil Revision Petition.
5. When the matter was taken up for admission by this Court, an
interim order was passed by this Court, directing the Registrar General,
High Court of Madras to conduct an enquiry in respect of the lapses
committed by the Principal District Munsif Court at Kumbakonam. May
that as it be. This Court is of the considered opinion that the revision
petitioner filed the Transfer Petition in Tr.C.M.P.No.470 of 2019, which was
allowed by this Court on 26.08.2019, transferring the Suit in O.S.No.363 of
2018 from Principal District Munsif Court at Kumbakonam to the Family
Court at Chennai.
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C.R.P.No.184 of 2023
6. When the respondent was aware of the transfer order passed by
this Court, intentionally proceeded with the case report before the District
Munsif Cum Judicial Magistrate Court at Thiruvidaimarudhur and thus, the
ex-parte decree obtained by the respondent is ill-motivated and cannot be
sustained. The respondent ought to have informed the Court that the case
was transferred to the Family Court, Chennai and it was mistakenly
transferred to the Court at Thiruvidaimarudhur. Neither the Counsel nor the
respondent informed the Court, which resulted in miscarriage of justice, as
far as the revision petitioner is concerned.
7. Accordingly, the Judgment and Decree dated 02.12.2021 passed in
O.S.No.251 of 2019 by the District Munsif Cum Judicial Magistrate Court
at Thiruvidaimarudhur (transferred and re-numbered from O.S.No.363 of
2018 on the file of the Principal District Court at Kumbakonam) is set aside
and the Suit in O.S.No.251 of 2019, as per the orders of this Court dated
26.08.2019 in Tr.C.M.P.No.470 of 2019 is directed to be transferred to the
Family Court at Chennai for conducting trial.
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C.R.P.No.184 of 2023
8. The District Munsif Cum Judicial Magistrate Court at
Thiruvidaimarudhur is directed to transmit the case papers relating to the
Suit in O.S.No.251 of 2019 to the Family Court at Chennai within a period
of two weeks from the date of receipt of copy of this order and the Family
Court at Chennai shall re-number the case and issue notice to the parties and
adjudicate the matter on merits and in accordance with law.
9. With these directions, the Civil Revision Petition stands allowed.
No costs. Consequently, connected Miscellaneous Petition is closed.
25.01.2023
skr/jeni
Index : Yes
Speaking order
Neutral Citation : Yes
To
1.The Judge,
District Munsif cum Judicial Magistrate,
Thiruvidaimarudhur.
2.The Judge,
Family Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.R.P.No.184 of 2023
S.M.SUBRAMANIAM, J.
skr/jeni
C.R.P.No.184 of 2023
25.01.2023
https://www.mhc.tn.gov.in/judis
