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Mohammed Abbas v. Sree Vijaya Iswarya Alias Ashadieeyah

ALLOWED
Court
High Court of Madras
Decided
4 June 2026
Bench
S Justice T.V.Thamilselviauthor
Case no.
TR CMP 661/2025

Judgment

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-06-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI TR.C.M.P.Nos.661 & 750 of 2025 and C.M.P.Nos.15810 & 17568 of 2025 Mohammed Abbas S/o Jainullaudin, No.3758, T.N.H.B., Avadi, Chennai - 600 054. ..Petitioner in both petitions Vs Sree Vijaya Iswarya @ Ashadieeyah W/o. Mohammed Abbas, No.1387, LIG 2, TNHB, Avadi, Chennai - 600 054. ..Respondent in both petitions Common Prayer: Transfer Civil Miscellaneous Petitions filed under Section 24 of C.P.C., praying to withdraw and transfer the case in O.S.No.1 of 2024 on the file of Hon'ble Family Judge, Puducherry to the Hon'ble District Munsif at Poonamallee and to withdraw and transfer the case in G.O.P.No.15 of 2024 on the file of Hon'ble Family Judge, Puducherry to the Hon'ble District Judge at Tiruvallur. For Petitioner in both petitions: Ms.A.Renita Selvi For Respondent in both petitions: Mr.J.Raja Rao Page2 of 6 COMMON ORDER These petitions have been filed to withdraw and transfer the case in O.S.No.1 of 2024 on the file of the Family Judge, Puducherry to the file of District Munsif, Poonamallee and to withdraw and transfer the case in G.O.P.No.15 of 2024 on the file of the Family Judge, Puducherry to the file of the District Judge, Tiruvallur.

2.Heard both sides and perused the materials available on record.

3.Learned counsel for the petitioner in both the petition submits that the petitioner-husband is the father of the minor child. She further submits that the respondent-wife filed a suit in O.S.No.1 of 2024 seeking dissolution of marriage solemnized between the petitioner and the respondent and also filed a petition in G.O.P.No.15 of 2024 seeking to appoint her as guardian of minor child, before the Family Judge, Puducherry. It is the specific contention of the learned counsel for the petitioner that no prejudice would be caused to the respondent-wife, if the transfer request made by the petitioner-husband is acceded to and if decided otherwise, he will be put to irreparable loss and hardship. Therefore, she prays to transfer the case from Family Judge, Puducherry to the District Munsif, Poonamallee and to transfer the case from Family Judge, Puducherry to the District Judge, Tiruvallur. Page3 of 6

4.Learned counsel for the respondent has not raised any serious objection.

5.I have gone through the affidavit filed in support of the transfer petition as well. I find merit in the submissions made by the learned counsel for the petitioner in both the petitions.

6.On perusal of records, it is seen that both the petitioner and the respondent are residing at Chennai.

7.Considering the submissions made by the learned counsel for the petitioner, this Court is inclined to transfer the case from the Family Judge, Puducherry to the Principal District Judge, Tiruvallur. Accordingly, the case in O.S.No.1 of 2024 is hereby withdrawn from Family Judge, Puducherry to the Principal District Judge, Tiruvallur and also to transfer the case from the Family Judge, Puducherry to the Family Court, Tiruvallur. Accordingly, the case in G.O.P.No.15 of 2024 is hereby withdrawn from Family Judge, Puducherry to the Family Court, Tiruvallur. After receipt of the case papers from the Family Judge, Puducherry, the Principal District Judge, Tiruvallur and the Family Court, Tiruvallur are directed to send a notice to both the parties within 2 weeks. After due service of notice, the Principal District Judge, Tiruvallur and the Family Court, Tiruvallur are directed to proceed with the matter. Page4 of 6

8.Accordingly, these transfer civil miscellaneous petitions are allowed. No costs. Consequently, connected civil miscellaneous petitions are closed. 04-06-2026 Index: Yes/No Speaking/Non-speaking order pam Page5 of 6 To

1.The Family Judge, Puducherry.

2.The Principal District Judge, Tiruvallur.

3.The Family Court, Tiruvallur. T.V.THAMILSELVI,oJ. pam TR.C.M.P.Nos.661o&o750oofo2025 andoC.M.P.Nos.15810o&o17568oofo2025 04-06-2026 Page6oofo6

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.