NOORUL AIN Vs. KAMAL NAZEER

JUDGEMENT

(1.) The Civil Revision Petition is filed to set aside the Judgment and Decree passed in O.S.No.251 of 2019 dtd. 2/12/2021.

(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 26/8/2019. 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 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.