IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2017

CORAM :

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA

Tr.C.M.P.No.188 of 2017

and C.M.P.No.3449 of 2017

M.A. Syed Ali Fathima

... Petitioner

vs.

M.K.A. Basha

... Respondent

Prayer: The petition has been filed under Section 24 of C.P.C.

praying to withdraw the O.S.No.141 of 2016 on the file of Sub

Court, Cheyyar, Thiruvannamalai District and transfer the same

to Sub Court, Tambaram, Chennai.

For Petitioner

:

Mr.S.Nambirajan

For Respondent

:

Mr.C.Munusamy

O R D E R

The petitioner herein has filed this Transfer Civil

Miscellaneous Petition, seeking transfer of O.S.No.141 of

2016, pending on the file of Sub Court, Cheyyar to the file of

Sub Court, Tambaram.

2. The petitioner/wife, who is a muslim women, has filed

a petition in D.V.A.No.44 of 2016 under Domestic Violence Act,

2005, before the Judicial Magistrate, Tambaram, Chennai. The

husband has filed a petition in O.S.No.141 of 2016 under Order

7 Rule 1 to 6 of CPC and Section 281 of Mohammeddan Law,

before the Sub Judge, Cheyyar, for restitution of conjugal

rights.

3. It is stated that the wife is raising her two children

born out of the wedlock and it is difficult for her to travel

to Sub Court, Cheyyar, to attend the hearings in O.S.No.141 of

2016. The wife has also expressed apprehension that travelling

to Cheyyar would be risky for her. In paragraph 18 of the

affidavit, it is stated that the children are studying in a

school at Tambaram. Stating the above reasons, the wife has

sought for transfer of O.S.No.141 of 2016 from the file of Sub

Court, Cheyyar to Sub Court, Tambaram. The husband also seems

to have filed Crl.O.P.No.6224 of 2017 to quash the case in

D.V.A.No.44 of 2016, which is stated to be pending before this

Court.

4. As the transfer is sought only to Sub Court, Tambaram,

the appearance of the parties is not mandatory and the

advocate engaged may take care of the case. Only after the

https://hcservices.ecourts.gov.in/hcservices/

trial is commenced, the parties have to come. Therefore, the

argument that the husband has to travel to Tambaram for each

hearing is also not sustainable. Hence, this Court is of the

view that O.S.No.141 of 2016 filed by the husband may be

transferred to Sub Court, Tambaram.

5. Accordingly, considering the convenience of the wife,

the Transfer Civil Miscellaneous Petition is allowed by

withdrawing O.S.No.141 of 2016 from the file of Sub Court,

Cheyyar and transferring the same to the file of Sub Court,

Tambaram. No Costs. Consequently, connected miscellaneous

petition is closed.

Sd/-

Assistant Registrar(CS-V)

//True Copy//

Sub Assistant Registrar

rsi

To

1. The Sub Judge,

Cheyyar.

2. The Sub Judge,

Tambaram.

+ 1 cc to MR. Nambirajan, Advocate Sr.79389

+ 1 cc to Mr. C. Munsamy, Advocate Sr.79395

Tr.C.M.P.No.188 of 2017

and C.M.P.No.3449 of 2017

CS-V

EU(07/12/2017)

https://hcservices.ecourts.gov.in/hcservices/