Prithous.A v. Ansar Ali

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-09-2025

CORAM

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and CMP No.5401 of 2024 Prithous.A D/o. Mohammed Hanifa, No. 46/96, Bharathi Nagar 4th Street, Ramanathapuram, Coimbatore South, Coimbatore 641045 Petitioner Vs 1Ansar Ali S/o. Mohammed Ravuthar, No. 143-6, Main Road, Thirumalapadi Village, Ariyalur.

Respondent PRAYERThis Transfer Civil Miscellaneous Petition is filed under Section 24 of the C.P.C., seeking to withdraw the original suit in O.S.No. 1 of 2023 on the file of the District Court, Ariyalur, and transfer the same to the Family Court, For Petitioner(s):

Mr.O.S.Thilak Pasumbadiyar For Respondent(s):

Ms.J.Sathyavathi.

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ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking to withdraw the original suit in O.S.No. 1 of 2023 from the file of the Family Court, Ariyalur, and transfer the same to the file of the Family Court,

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent and perused the materials available on record.

3. The learned counsel for the petitioner submitted that the respondent/husband filed O.S.No.1 of 2023 on the file of the Family Court, Ariyalur seeking restitution of conjugal rights. The respondent/husband and all his relatives are in Ariyalur. Further, the petitioner is being a woman and no one is taking care of her at Ariyalur. After leaving the marital home, the petitioner is living with her parents and the petitioner is now working in Anganwadi at Coimbatore and hence, the petitioner is unable to take leave often to attend the court proceedings at Ariyalur. For every hearing, the petitioner has to travel about 600 Kms (to and fro), all along from Coimbatore to Ariyalur by 2/5

train and proceed to Coimbatore. Further, the petitioner found difficult to seek accommodation and other amenities at Ariyalur. Travelling to Ariyalur for every hearing is highly insecure for the petitioner. Hence the present petition.

4. Per contra, learned counsel for the respondent submitted that the petitioner can very well attend the court proceedings at Ariyalur.

5. On perusal of the records and upon considering the submissions made by the learned counsel on either side, this Court is satisfied with the reasons stated in the affidavit filed in support of this petition. In the interest of justice, this Court is inclined to allow this petition. Accordingly, this Transfer Civil Miscellaneous Petition is allowed. Consequently, connected miscellaneous petition is closed. The case in O.S.No. 1 of 2023 is withdrawn from the file of the Family Court, Ariyalur and the same is transferred to the file of the Family Court at Coimbatore.

15-09-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes 3/5

To 1.The Judge, Family Court, Ariyalur,

2. The Judge, Family Court, 4/5

M.JOTHIRAMAN J.

mfa and CMP No.5401 of 2024 15-09-2025 5/5