Parveen v. S.Abdul Rasheed

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Tr CMP.No.637 of 2024 & CMP.No.13609 of 2024 Parveen : Petitioner versus S.Abdul Rasheed : Respondent Prayer: Petition filed under Section 24 of the Code of Civil Procedure to withdraw O.S.No.78 of 2024 from the file of learned District Munsif, Dharapuram and to transfer the same to the file of Learned District Munsif, Gobichettipalayam, Erode District.

For Petitioner : Mr.K.T.S.Sivakumar For Respondent : Mr.Rukulla Asan for Mr.Titus Enock

ORDER

The petitioner is the wife. She married the respondent as per Muslim Rites and Customs on 18.08.2016. From the wedlock, a male child was born

on 03.04.2018 and another male child was born on 12.08.2023.

2. The husband has initiated O.S.No.78 of 2024 on the file of the learned District Munsif, Dharapuram seeking for the relief of declaration that the marriage dated 18.08.2016 stands dissolved.

3. The wife pleads that she is a permanent resident of Gobichettipalayam, which is in Erode District. Since she is taking care of the children and considering the status as muslim woman, she has moved this petition seeking for transfer of proceedings from the file of the court at Dharapuram to the file of the court at Gobichettipalayam.

4. Notice was ordered in the petition. Mr.Titus Enock has entered appearance for the respondent.

5. I have heard Mr.K.T.S.Sivakumar for the petitioner and Mr.Rukulla Asan for Mr.Titus Enock appearing for the respondent.

6. The marriage and the birth of the children are not in dispute. The

first child is a toddler and the second child is infant. To expect a muslim woman to travel from Gobichettipalaym to Dharapuram, which would be at least 3 hours by travel, leaving behind the children at Gobichettipalayam would be a bit harsh on her.

7. Taking into consideration the convenience of the wife, O.S.No.78 of 2024 is withdrawn from the file of the learned District Munsif, Dharapuram and is transferred to the file of the learned District Munsif, Gobichettipalayam.

8. With the above direction, this transfer petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 25.10.2024 nl Index : Yes/No Speaking Order/Non speaking order : Yes/No To

1.The District Munsif, Dharapuram

2. The District Munsif, Gobichettipalayam

V.LAKSHMINARAYANAN, J.

nl 25.10.2024