Madras High Court
S.Faizunnisa vs A.Farooq Moosa on 9 October, 2025
Tr.C.M.P.No.162 of 2023
and C.M.P.No.3571 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
Tr.CMP.No.162 of 2023
and
C.M.P.No.3571 of 2023
S.Faizunnisa,
W/o.Farooq Moosa,
No.24, Raja Street,
Perundurai,
Erode District. ... Petitioner
Vs
A.Farooq Moosa,
S/o. Abdul Wahab,
No.127/11A, Anna Nagar 2nd Street,
Kariyapatti,
Virudhunagar District. ... Respondent
Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 of
the CPC, to withdraw O.S. No.98 of 2022 pending before the Additional
District Munsif Court, Aruppukottai, Virudhunagar District and transfer
the same to the file of the District Munsif Court, Perundurai, Erode
District.
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Tr.C.M.P.No.162 of 2023
and C.M.P.No.3571 of 2023
For Petitioner : Mr.C.Munusamy
For Respondent : No appearance
ORDER
This petition has been filed to withdraw O.S. No.98 of 2022
from the file of the Additional District Munsif Court, Aruppukottai,
Virudhunagar District and to transfer the same to the file of the District
Munsif Court, Perundurai, Erode District.
2. Heard the learned counsel appearing for the petitioner.
3. The learned counsel appearing for the petitioner would
submit that the respondent has not chosen to enter appearance before this
Court despite service of notice.
4. It is seen that service of notice has been completed on the
respondent and the name of the respondent is also printed in the cause
list today. The respondent was called absent and set ex parte.
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5. The learned counsel appearing for the petitioner would
submit that the petitioner got married to the respondent on 23.09.2018 at
Arunachala Gounder Thirumana Mandapam, Kandhampalayam Pirivu,
Perundurai as per Muslim Rites and Customs. The respondent / husband
filed a petition in O.S.No.98 of 2022 before the Additional District
Munsif Court, Aruppukottai, Virudhunagar District, for dissolution of
marriage and the same is pending adjudication. The petitioner is residing
in Perundurai and her parents are no more and she is financially
struggling a lot. In such circumstances, it is very difficult for the
petitioner to travel from Perundurai to Aruppukottai for attending each
and every hearing of the case. Therefore, the case in O.S.No.98 of 2022
may be withdrawn from the file of the Additional District Munsif Court,
Aruppukottai, Virudhunagar District, and transferred to the file of the
District Munsif Court, Perundurai, Erode District.
6. I have gone through the affidavit filed in support this
petition and I find merit in the submissions made by the learned counsel
for the petitioner.
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7. At this juncture, it may be apposite to cite the judgment of
the Hon'ble Apex Court in N.C.V.Aishwarya vs. A.S.Saravana Karthik
(MANU/SC/1211/2022 : 2022 Live Law (SC) 627) held at paras 9 and
10, which reads as under:-
"9. 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 socio-
economic paradigm in the Indian society, generally, it is the
wife's convenience which must be looked at while
considering transfer. (emphasis supplied)
10.Further, when two or more proceedings are pending in
different Courts between the same parties which raise
common question of fact and law, and when the decisions in
the cases are interdependent, it is desirable that they should
be tried together by the same Judge so as to avoid
multiplicity in trial of the same issues and conflict of
decisions”.
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8. It is also relevant to refer the decision made by the Madurai
Bench of Madras High Court in TR.CMP(MD)No.108 of 2010 dated
03.03.2011, wherein, it has observed as below:-
''18.It is true that section 19 of the Hindu Marriage Act, has
been amended by insertion of proviso of (iii)(a) to section 19.
Of Course, this amended section 19(iii)(a) gives special
preference to the wife to file a petition or defending the case of
the husband before the Court within whose jurisdiction she
resides. The intention of the legislator is to safe-guard the
interest and rights of the women, who are being subjected to
harassment and cruelty. But this special preference conferred
under section 19 (iii)(a) of the Hindu Marriage Act shall not
be used to wreck vengeance on the husband. There must be a
justifiable cause to select the jurisdiction of the Court where
she resides.''
9. In the light of the proposition laid down in the judgment of
the Hon'ble Supreme Court in N.C.V.Aishwarya case cited supra and
also in the light of the observation made by this Court, wherein, it has
been held that convenience of the wife has to be considered, while
transferring the case from one Court to another, there can be no
impediment for allowing this petition as prayed for.
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10. Accordingly, this Transfer Civil Miscellaneous Petition is
allowed. The case in O.S. No.98 of 2022 is hereby withdrawn from the
file of the Additional District Munsif Court, Aruppukottai, Virudhunagar
District, and transferred to the file of the District Munsif Court,
Perundurai, Erode District. No costs. Consequently, connected Civil
Miscellaneous Petition is closed.
09.10.2025
mtl
Index : Yes/No
Speaking order : Yes/No
Neutral Case Citation : Yes/No
To
1. The Additional District Munsif Court, Aruppukottai, Virudhunagar
District.
2. The District Munsif Court, Perundurai, Erode District.
M. JOTHIRAMAN, J.
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mtl
09.10.2025
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