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Asma v. Mohammed Samsul Rafee

Madras HC28 Mar 2025TR CMP(MD)/59/2025

Case brief

AI extract

What is this about?

Keywords: Section 24 Code of Civil Procedure; transfer of matrimonial suit; wife's convenience predominant; O.S.No.19 of 2024; dissolution of marriage; Family Court Thoothukudi; Family Court Tirunelveli; Melaseval Tirunelveli District; 90 Kms distance; one and a half year old child; Tr.CMP.(MD)No.59 of 2025; C.M.P.(MD)No.1721 of 2025; Madras High Court Madurai Bench; P. Vadamalai J.; 28.03.2025; transfer petition allowed; no costs.

What did the court decide?

O.S.No.19 of 2024 ordered to be withdrawn from the file of the Family Court, Thoothukudi and transferred to the file of the Family Court, Tirunelveli; Family Court, Thoothukudi to transmit the entire records within three weeks; Family Court, Tirunelveli to take the case on file and dispose of it expeditiously; no costs; connected C.M.P.(MD)No.1721 of 2025 closed. ¶38

Asma Vs Mohammed Samsul Rafee — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceeding in O.S.No.19 of 2024 (dissolution of marriage) pending before the Family Court, Thoothukudi should be withdrawn and transferred to the Family Court, Tirunelveli on the ground of the petitioner-wife's convenience, she residing at Melaseval, Tirunelveli District with her young child.

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Court's answer

In transfer petitions 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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Ratio / Principle

Considering the overall facts and circumstances and the convenience of the wife, the Family Court, Thoothukudi is directed to transmit the entire records in O.S.No.19 of 2024 to the Family Court, Tirunelveli within three weeks of receipt of a copy of the order, and on receipt the Family Court, Tirunelveli is to take the case on file and dispose of it as expeditiously as possible in accordance with law.

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Key takeaways

The Transfer Civil Miscellaneous Petition stands allowed with no costs, and the connected Civil Miscellaneous Petition (C.M.P.(MD)No.1721 of 2025) is closed.ratio¶38

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 of the Code of Civil Procedure filed by the wife (Asma) seeking withdrawal of O.S.No.19 of 2024, a dissolution-of-marriage suit instituted by the husband (Mohammed Samsul Rafee) before the Family Court, Thoothukudi, and its transfer to the Family Court, Tirunelveli. The wife resides at Melaseval, Tirunelveli District with her parents and her one-and-a-half-year-old daughter (born 01.07.2023 of the marriage solemnized on 24.08.2022); the distance between Tirunelveli and Thoothukudi is around 90 KMs to and fro, making attendance at every hearing burdensome. The respondent raised only a formal objection. The Court held that in matrimonial transfer petitions the convenience of the wife is predominantly looked into and given preference, found the wife's convenience favouring Tirunelveli, and allowed the petition: the Family Court, Thoothukudi was directed to transmit the entire records to the Family Court, Tirunelveli within three weeks, and the latter to take the case on file and dispose of it expeditiously in accordance with law. No costs; the connected C.M.P.(MD)No.1721 of 2025 was closed. (P. Vadamalai, J.; Madurai Bench of Madras High Court; decided 28.03.2025.)

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Tr.CMP.(MD)No.59 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 28.03.2025

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CORAM

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THE HON'BLE MR JUSTICE P. VADAMALAI

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Tr.CMP.(MD)No.59 of 2025 and C.M.P.(MD)No.1721 of 2025

Asma

.. Petitioner

Vs.

Mohammed Samsul Rafee .. Respondent

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Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in O.S.No.19 of 2024 on the file of the Family Court, Thoothukudi and transfer the same to the file of the Family Court, Tirunelveli.

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For Petitioner : Mr.T.Selvan

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For Respondent : Mr.S.Vishnuvaradhan

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ORDER

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The present Transfer Civil Miscellaneous Petition has been filed to

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withdraw the proceeding in O.S.No.19 of 2024 on the file of the Family Court, Thoothukudi and transfer the same to the file of the Family Court, Tirunelveli.

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Page No 1 of 5

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

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Tr.CMP.(MD)No.59 of 2025

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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 24.08.2022 at Melaseval Town Panchayat Kalyanamahal as per the Islamic Rites and Customs. Out of wedlock, a female child, named Mohideen Asra Fathima, was born on 01.07.2023.

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Due to disputes and differences, the parties have separated, and the

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respondent/husband has initiated the proceeding in O.S.No.19 of 2024 on the file of the Family Court, Thoothukudi seeking dissolution of marriage.

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Heard the learned counsel for the petitioner and the learned

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counsel for the respondent.

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The learned counsel for the petitioner submits that the petitioner/wife is now residing with her child at Melaseval, Tirunelveli District under the care of her parents. The distance between Tirunelveli and Thoothukudi is around 90 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 one and a half year old child. Hence, she seeks

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Page No 2 of 5

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

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Tr.CMP.(MD)No.59 of 2025

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transfer of proceeding in O.S.No.19 of 2024 from the file of the Family Court, Thoothukudi to the file of the Family Court, Tirunelveli.

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The learned counsel for the respondent has raised only formal objection to allow this petition.

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It is well settled proposition of law that whenever the 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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Considering the overall facts and circumstances of the case, and also considering the convenience of the wife, this Court is inclined to allow this petition.

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The learned Judge, Family Court, Thoothukudi is directed to transmit the entire records pertaining to the case, in O.S.No.19 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 Page No 3 of 5

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

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Tr.CMP.(MD)No.59 of 2025

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law.

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and dispose of the same as expeditiously as possible in accordance with law.

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