Madras High Court
TR CMP/328/2025 of A. NASEER BANU Vs A. CHANBASHA @ ABIBULLA on 10 August 2026
TR.C.M.P.No.328 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2026
CORAM
THE HON’BLE MR.JUSTICE P.B. BALAJI
TR.C.M.P.No.328 of 2025
and
C.M.P.No.7217 of 2025
A.Naseer Banu
... Petitioner
Vs.
A.Chanbasha @ Abibulla
... Respondent
Transfer Civil Miscellaneous Petition filed under Section 24(1)(B)(ii)
of the Civil Procedure Code, to withdraw the case in O.S.No.60 of 2024
pending on the file of the District Munsiff Court at Sholinghur and transfer the same to the file of the District Munsiff Court at Tiruttani for being tried by it along with D.V.C.No.9 of 2024.
For Petitioner : Mr.P.Venugopal
For Respondent : No Appearance
TR.C.M.P.No.328 of 2025
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ORDER
Though the respondent has been served, he has not chosen to enter an appearance, either in person or through counsel.
2. Upon hearing the learned counsel for the petitioner and going through the affidavit filed in support of this transfer application, I find that the petitioner has not made out a sufficient or just cause to transfer O.S.No.60 of 2024 from the file of the District Munsif Court, Sholinghur, to the file of the District Munsif Court, Tiruttani, to be tried along with D.V.C.No.9 of 2024.
3. The respondent filed O.S.No.60 of 2024 on the grounds of desertion and cruelty. The parties are, admittedly, Muslims. These proceedings for the dissolution of marriage cannot be transferred to be tried along with the DVC proceedings initiated by the respondent.
4. In any event, the petitioner’s admitted case is that the suit is pending before the District Munsif Court, Sholinghur, where the presence of the petitioner is not mandatory for all hearing dates. He is entitled to be represented by counsel.
TR.C.M.P.No.328 of 2025
5. In the light of the above, I do not see any merit in the transfer request. Consequently, this Transfer Civil Miscellaneous Petition is dismissed. No costs. Connected miscellaneous petition is closed. 10.08.2026 raja Neutral Citation : Yes / No To
1. The District Munsif Court, Sholinghur
2. The District Munsif Court, Tiruttani
TR.C.M.P.No.328 of 2025 P.B.BALAJI
, J.
raja TR.C.M.P.No.328 of 2025 and C.M.P.No.7217 of 2025 10.08.2026