B.K.Fayeeza v. S.Ibrahimsayeed Amir
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2026
CORAM
THE HONOURABLE MR JUSTICE P.B. BALAJI Tr.CMP.No.1203 of 2025 & CMP.No.27234 of 2025 B.K.Fayeeza ... Petitioner Vs.
S.Ibrahim Sayeed Amir ... Respondent Prayer: The Transfer Civil Miscellaneous Petition filed under Section 24 of CPC, to withdraw O.S.No.919 of 2025 on the file of IV Additional Subordinate Court, Coimbatore, filed by the respondent and to transfer the same to the file of the Family Court, Erode, to be tried jointly with M.C.No.74 of 2024. For Petitioner : Mr.V.Meenakshi Sundaram For Respondent : Mr.V.Arivazhagan
ORDER
The petitioner is the wife, who seeks transfer of O.S.No.919 of 2025 from the file of the IV Additional Subordinate Court, Coimbatore, to the file of the Family Court, Erode, to be tried jointly with M.C.No.74 of 2024.
2. Mr.V.Meenakshi Sundaram, learned counsel for the petitioner states that the petitioner is the wife, who is staying alone and has custody of two
minor children and it is not possible for the petitioner to attend the proceedings initiated by the respondent for divorce before the IV Additional Sub Court, Coimbatore. He also states that the distance to be travelled to attend each and every hearing is also substantial and serious prejudice would be caused to the petitioner, who is burdened with the custody of two children aged 3 years and 5 years respectively.
3. Mr.V.Arivazhagan, learned counsel for the respondent states that the matter may be transferred to the place in between Coimbatore and Erode.
4. I have carefully considered the submissions advanced by the learned counsel on either side.
5. Admittedly, the petitioner has also filed M.C.No.74 of 2024, which is pending before the Family Court, Erode and the respondent is attending the said proceedings before the Family Court, Erode and hence, no serious prejudice would be caused to the respondent, if O.S.No.919 of 2025 is also transferred to be tried along with M.C.No.74 of 2024.
6. In the light of the above, the Transfer Civil Miscellaneous Petition is allowed and the case in O.S.No.919 of 2025 is directed to be withdrawn from the file of the IV Additional Subordinate Court, Coimbatore, and transferred to
the file of the Family Court, Erode, to be tried along with M.C.No.74 of 2024. The Family Court, Erorde, shall not ordinarily insist upon the presence of the respondent/husband, except on occasions where the presence of the respondent/husband would be necessary for recording evidence in chief and cross and all other days, he is entitled to be represented by his counsel. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed. 01.07.2026 ata Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The IV Additional Subordinate Court, Coimbatore. 2.The Family Court, Erode.
P.B. BALAJI,J.
ata Tr.CMP.No.1203 of 2025 & CMP.No.27234 of 2025 01.07.2026