H.Shaila v. Z.Mohammed Nowshath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :09.06.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.10 of 2023 and C.M.P.No.329 of 2023 Mrs.H.Shaila .... Petitioner vs Z.Mohammed Nowshath ... Respondent Tr.C.M.P filed under Section 24 of Civil Procedure Code seeking to withdraw O.S.No.113 of 2022 on the file of the I Additional Family Court, Coimbatore and transfer the same to the file of Family Court, Trichy. For Petitioner : Mr.B.Gopalakrishnan For Respondent : No appearance

ORDER

The present transfer petition has been filed by the petitioner/defendant in O.S.No.113 of 2022, seeking transfer of the suit from the file of I Additional Family Court, Coimabtore to the file of Family Court, Trichy.

2. The revision petitioner is the wife in the matrimonial proceedings initiated in O.S.No.113 of 2022 on the file of I Additional Family Court, 1/4

Coimbatore. The said proceedings have been initiated by the respondent/husband. The petitioner has filed the present petition expressing difficulties in travelling to attend the hearings before the I Additional Family Court, Coimbatore.

3. Though the respondent has been served through Court as well as privately on 18.03.2023, he has not chosen to appear either in person or through counsel. Therefore, the respondent is called absent and set exparte.

4. Heard the learned counsel for the petitioner.

5. I have gone through the affidavit filed in support of the petition. The petitioner has assigned genuine and acceptable reasons for being unable to attend the hearings at Coimbatore.

6. In view of the above, this Court is of the opinion that the petitioner has made out a case for transfer of the suit, as prayed for.

7. Accordingly, Tr. C.M.P. No.10 of 2023 is allowed and the suit in 2/4

O.S.No.113 of 2022 pending on the file of I Additional Family Court, Coimbatore is withdrawn and transferred to the file of Family Court, Trichy.

8. The I Additional Family Court, Coimbatore is directed to send the entire records relating to O.S.No.113 of 2022 to Family Court, Trichy forthwith.

9. The learned Judge, Family Court, Trichy is directed to take up the O.S.No.113 of 2022 and dispose of the same expeditiously, in a manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

09.06.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr To

1. I Additional Family Court, Coimbatore

2. The Family Court, Trichy P.B.BALAJI.,J.

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