A. Anish Fathima v. Y. Imran Basha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE AND CMP NO. 564 OF 2026 A. Anish Fathima W/o. Y. Imran Basha, D/o. A. Anwardeen, No.1/2, Nanthavam Thopu, West Pudur Road, Nanjundapuram, Near RR Dhurya Apartment, Coimbatore - 641 036.

..Petitioner(s) Vs Y. Imran Basha S/o. Late M. Yaseen Basha, 125/B29A, Rajaram Nagar Main Road, Salem 636007.

..Respondent(s) CMP No. 564 of 2026 A.Anish Fathima W/o. Y. Imran Basha, D/o. A. Anwardeen, No.1/2, Nanthavam Thopu, West Pudur Road, Nanjundapuram, Near RR Dhurya Apartment,

Coimbatore - 641 036.

..Appellant(s) Vs Y. Imran Basha S/o. Late M. Yaseen Basha, 125/B29A, Rajaram Nagar Main Road, Salem 636007.

..Respondent(s) To withdraw OS No.34 of 2025 on the file of Family Court, Salem and transfer the same to the Family Court, Coimbatore. CMP No. 564 of 2026 To granted an order of interim stay of all further proceedings in OS No.34 of 2025 on the file of Family Court, Salem pending disposal of the above Tr.CMP.

For Petitioner(s):

M/S.V.L. Akshai Sajin Kumar For Respondent(s):

No appearance Order Heard.

2. This Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife under Section 24 of the Code of Civil Procedure seeking withdraw O.S.No.34 of 2025 pending on the file of the Family Court, Salem and transfer of the same to the file of the Family Court, Coimbatore. 3.The Nikkah (marriage) between the petitioner and the respondent was solemnized on 05.04.2009 at ARS Mahal Thirumana Mandapam, near Jayentra Saraswathi School Ondipudur Road, Singanallur, Coimbatores. Out of their wedlock, two female children were born to them. 4.The petitioner is the wife. She states that she is residing at Coimbatore and that Coimbatore is about 175 kms away from Salem, and therefore it is extremely difficult for her to travel and prosecute the proceedings at Salem. 5.

In transfer petitions arising out of matrimonial and allied proceedings, the paramount consideration is the ends of justice and the comparative hardship. When the wife is residing within the jurisdiction of the proposed transferee Court and she is required to travel a long distance to attend every hearing, the Court ordinarily leans in favour of her convenience, particularly when no serious prejudice is shown to be caused to the respondent. 6.

Coimbatore and the long distance involved, this Court is satisfied that the transfer sought deserves to be allowed, to avoid hardship and to facilitate effective adjudication.

7.

Accordingly, Tr.C.M.P.17 of is allowed.

O.S. No.34 of 2025 on the file of the Family Court, Salem is withdrawn and transferred to the file of the Family Court, Coimbatore. The Family Court, Salem, shall transmit the entire records to the Family Court, Coimbatore, within three (3) weeks from the date of receipt of this order and the Family Court, Coimbatore shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, connected miscellaneous petition is also closed.

There shall be no order as to costs.

26-02-2026 Index: Yes/No Speaking/Non-speaking order DPQ

DR.A.D.MARIA CLETE J.

DPQ AND CMP NO. 564 OF 2026 26-02-2026

To

1. The Family Court, Salem.

2. The Family Court, Coimbatore