M. Fathima Farsiya v. M.J. Mohammed Thoufiq Ali
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.24346 of 2024 M.Fathima Farsiya .. Petitioner Vs.
M.J.Mohammed Thoufiq Ali .. Respondent Prayer: This Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, praying to withdraw the O.S.No.25 of 2024 on the file of District Family Court at Karur and transfer the same to Additional District Court, Hosur.
For Petitioner :
Mr.G.Ethirajulu For Respondent :
Mr.A.Prabhakaran
O R D E R
This transfer petition is at the instance of the wife. She seeks withdrawal of O.S.No.25 of 2024 from the file of the District Family Court, Karur, and transfer the same to the file of the Additional District Court, Hosur.
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2.I heard both sides. I have gone through the affidavit. 3.The petitioner married the respondent on 17.11.2013. From the wedlock, they were blessed with two children. Due to disputes and differences, the parties have separated. The respondent/husband initiated proceedings in O.S.No.25 of 2024 for dissolving the marriage solemnized between the petitioner and the respondent on 17.11.2013 before the District Family Court, Karur. Pleading that the wife is residing in Hosur and unable to travel from Hosur to Karur, she has moved this transfer petition. 4.This Court and the Supreme Court have consistently held in matters of transfer, the convenience of the wife should be given a superior consideration than that of the husband. As the distance between Hosur and Karur is considerable and since it will be difficult for the wife to leave the children behind and travel to attend the Court, I am inclined to accept the transfer.
5.Accordingly, O.S.No.25 of 2024 is withdrawn from the file of the District Family Court, Karur, and transferred to the file of the Additional 2/4
District Court, Hosur.
6.With the above observations, the Transfer Petition is ordered. Consequently, connected miscellaneous petition is closed. No costs. 31.01.2025 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Judge, District Family Court, Karur.
2.The Additional District Judge, Additional District Court, Hosur.
V.LAKSHMINARAYANAN, J.
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