Mohammed Banu @ Mathina Banu v. Arul Arpudharaj @ Mohammed Farook
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2025
CORAM
THE HON'BLE MR JUSTICE P. VADAMALAI and C.M.P.(MD)No.190 of 2025 Mohammed Banu @ Mathina Banu .. Petitioner Vs.
Arul Arpudharaj @ Mohammed Farook .. Respondent Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in O.S.No.10 of 2024 on the file of the Family Court, Pudukkottai and transfer the same to the file of the Family Court, Tirunelveli.
For Petitioner : Mr.K.K.Samy For Respondent : No Appearance
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceeding in O.S.No.10 of 2024 on the file of the Family Court, Pudukkottai and transfer the same to the file of the Family Court, Tirunelveli.
Page No 1 of 5
2. The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 14.07.2016 at Masjithil Iqlas Pallivasal, Saramedu Poonga Nagar, Karumbukkadai, Coimbatore as per the Muslim Rites and Customs. Out of wedlock, a male child, named Albi, was born on 03.06.2017.
3. Due to disputes and differences, the parties have separated, and the respondent/husband has initiated the proceeding in O.S.No.10 of 2024 on the file of the Family Court, Pudukkottai seeking divorce. The petitioner/wife has initiated a proceeding in O.S.No.530 of 2024 on the file of the Principal District Munsif, Tirunelveli seeking restitution of conjugal rights.
4. The name of the respondent has been printed in the cause list. Despite the name has been printed in the cause list, the respondent/husband has neither entered appearance through a counsel nor in-person to oppose this transfer petition.
5. Heard the learned counsel appearing for the petitioner. Page No 2 of 5
6. The learned counsel for the petitioner submits that the petitioner/wife is now residing with her child at Tirunelveli District under the care of her parents. The distance between the petitioner's place of residence and Pudukkottai is around 600 Kms to and fro, and the petitioner/wife, being a lady, finds it very difficult to travel such a long distance for attending every Court hearing along with the seven and a half year old child. Hence, she seeks transfer of proceeding in O.S.No.10 of 2024 from the file of the Family Court, Pudukkottai to the file of the Family Court, Tirunelveli.
7. It is well settled proposition of law that whenever transfer petition is filed in matrimonial disputes, the convenience of the wife should be predominantly looked into and the wife's convenience shall be given preference.
8. Considering the facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this petition.
Page No 3 of 5
9. The learned Judge, Family Court, Pudukkottai is directed to transmit the entire records pertaining to the case in O.S.No.10 of 2024 to the file of the Family Court, Tirunelveli within a period of three weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned Judge, Family Court, Tirunelveli is directed to take the case on file and dispose of the same as expeditiously as possible in accordance with law.
10. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.
07.04.2025 Index:Yes/No Speaking Order :Yes/No mkn Page No 4 of 5
P. VADAMALAI , J.
mkn To 1.The Family Court, Pudukkottai.
2.The Family Court, Tirunelveli.
and C.M.P.(MD)No.190 of 2025 07.04.2025 Page No 5 of 5