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Madras High CourtTR CMP(MD)/455/2025allowed

Abibakani v. Mohammed Sirajudeen

2025-12-01Honourable Mr Justice Mohammed Shaffiq4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2025

CORAM:

THE HONOURABLE JUSTICE MOHAMMED SHAFFIQ TR.C.M.P(MD)NO.455 OF 2025 and C.M.P(MD)No.12849 of 2025 Abibakani : Petitioner/Respondent .vs.

Mohammed Sirajudeen :Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code praying this Court to transfer the case in O.S.No.9 of 2025, pending on the file of Family Court, Sivaganai to the file of Family Court, Pudukkottai.

For Petitioner :Mr.P.Ganapathi Subramanian For Respondent :Mr.D.Venkatesh

O R D E R

********** The present Transfer Civil Miscellaneous Petition is filed to transfer the case in O.S.No.9 of 2025, pending on the file of Family Court, Sivaganai to the file of Family Court, pudukkottai.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The learned counsel for the Petiioner would submit that the Petitioner has to take care of a 7 year old child. Her aged father is suffering from various ailments. Moreover, it is difficult to travel for more than 190 Kms from Pudukkottai to Sivagangai. O.S.No.9 of 2025 is filed by the respondent/husband to declare the marriage as null and void. The Petitioner has filed a petition under the Guardian and Wards Act which is pending consideration before the District Judge, Pudukkottai in G.W.O.P.No.129 of 2023. In these circumstances, it is prayed that O.S.No.9 of 2025 pending before the Family Court,Sivaganai may be transferred to the file of Family Court, Pudukkottai.

4.The learned counsel for the respondent, after submitting for a while, would submit that above Transfer Civil Miscellaneous Petition may be ordered as prayed for by the Petitioner. 5.In the result, the Transfer Civil Miscellaneous Petition is allowed and O.S.No.9 of 2025, pending on the file of Family Court, Sivaganai is transferred to the file of Family Court, Pudukkottai,for disposal, along with G.W.O.P.No.129 of 2023 in accordance with

law. No costs. Consequently, connected Miscellaneous Petition is closed.

01.12.2025 NSC :Yes/No Index:Yes/No Internet:Yes/No vsn To 1.The Judge, Family Court, Sivagangai.

2.The Judge, Family Court, Pudukkottai.

MOHAMMED SHAFFIQ.,J.

vsn ORDER MADE IN TR.C.M.P(MD)NO.455 OF 2025 and C.M.P(MD)No.12849 of 2025 01.12.2025