M.J.Fowziah Begam Vs J.Mohamed Abu

Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the suit in O.S.No.10 of 2025 on

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the file of the learned District Munsif cum Judicial Magistrate Court, Kurinjipadi and transfer the same to the file of the Family Court, Trichy or

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any competent Court.

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For Petitioner : Mr.S.Pradeep For Respondent : No Appearance

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Page 1 of 7

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https://www.mhc.tn.gov.in/judis

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to withdraw the suit in O.S.No.10 of 2025 on the file of the learned District Munsif cum Judicial Magistrate Court, Kurinjipadi and transfer the same to the file of the Family Court, Trichy or any competent Court.

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The petitioner is the wife and the respondent is the husband. The marriage between the petitioner and the respondent was solemnized on 23.06.2021 at Thirumangalyam Mandapam, Trichy, as per the Mohammedan Rites and Customs, which was registered on 31.08.2021 vide registration No.84/2021 in K.Sathanur SRO, Trichy. During their wedlock, one female child, was born on 23.01.2023.

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Due to some matrimonial discord, the parties have separated. Therefore, the respondent/husband initiated a proceeding in O.S.No.10 of 2025, on the file of the District Munsif cum Judicial Magistrate Court, Kurinjipadi, Cuddalore District, to resolve the marriage.

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Page 2 of 7

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The learned counsel appearing for the petitioner/wife submits

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that his client is living in Vasan Nagar, Trichy, with her minor child and she was taken care of by her parents. The distance between the petitioner's residence to Kurinjipadi, Cuddalore District, is around 200 Kms, and being a lady, she finds it difficult to travel such a long distance for attending every Court hearing along with her minor child. Hence, she seeks transfer of proceedings in O.S.No.10 of 2025 from the file of the District Munsif cum Judicial Magistrate Court, Kurinjipadi, Cuddalore District, to the file of the Family Court, Trichy District.

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Even though notice was served upon the respondent, he did not

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chose to appear before this Court either in person or through Counsel.

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Heard the learned counsel appearing for the learned counsel for

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the petitioner and perused the materials available on records.

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In the case of N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha

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reported in 2022 Live Law (SC) 627 , the Hon'ble Supreme Court has dealt

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Page 3 of 7

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with the position generally, that it is the wife's convenience, which must be looked into while considering the transfer petition under Section 24 of the Code of Civil Procedure and the relevant passage is extracted hereunder :

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“ The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.", the bench observed. ”

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It is also well settled proposition of law that whenever a

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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.

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Page 4 of 7

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https://www.mhc.tn.gov.in/judis

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Considering the overall facts and circumstances of the case and also taking into account of the inconvenience expressed by the petitioner in attending every court hearing with her child by travelling an 3 hour journey to reach the District Munsif cum Judicial Magistrate Court, Kurinjipadi, Cuddalore District, situated 200 km away from her Domicile, namely, Vasan Nagar, Trichy, incurring huge expense, this court inclines to allow the petition.

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The learned District Munsif cum Judicial Magistrate, Kurinjipadi, Cuddalore District, is hereby directed to transfer the entire records pertaining to the case, in O.S.No.10 of 2025, to the file of the learned District Judge, Family Court, Trichy District, within a period of four weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned District Judge, Family Court, Trichy District, is directed to take the case on file and dispose of the case as expeditiously as possible in accordance with law.

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Page 5 of 7

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https://www.mhc.tn.gov.in/judis

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Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petition is closed.

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12.06.2025 Index :Yes/No Speaking Order :Yes/No Neutral Citation :Yes/No TM

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To

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1.The District Munsif cum Judicial Magistrate, Kurinjipadi, Cuddalore District.

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