Mohammed Imran Ansari v. Husna Khatun Shaikh

Order Heard

¶2This Transfer Civil Miscellaneous Petition has been filed seeking withdrawal of G.W.O.P. No.01 of 2023 from the file of the Principal District Judge, Vellore and for transfer of the same to the file of the competent Court at Chennai.

¶3The petitioner is the husband and the respondent is the ex-wife. It is submitted that the respondent is residing at Bombay with her parents. It is further stated that the children are presently with the husband's second Page3 of 5 wife at Gudiyatham, and the petitioner/husband is working at Dubai. G.W.O.P. No.01 of 2023 is filled by the respondent/ex-wife which at the stage of cross examination.

¶4The petitioner states that he is working abroad, it would be more convenient to attend the proceedings at Chennai, rather than Vellore.

¶5A transfer under Section 24 CPC is not to be ordered as a matter of course. The applicant must establish that the transfer is necessary to meet the ends of justice and that the balance of convenience clearly warrants such transfer.

¶6In the present case, the respondent is stated to be residing at Bombay, and therefore, in any event, she would have to travel to attend the proceedings. The petitioner/husband is stated to be working at Dubai. While the petitioner husband himself is employed abroad there is no convincing reason shown to court, to shift the forum to Chennai where none reside; particularly in guardianship matters the Court must also bear in mind the convenience relating to the children and the effective adjudication. Page4 of 5

¶7On the petitioner's own stating, the children are with the second wife at Gudiyatham. Having regard to the overall facts placed, this Court is not satisfied that a case for transfer is made out, to withdraw the proceeding from the file of the Principal District Judge, Vellore and transfer the same to Chennai. However, the Principal District Judge, Vellore is directed to dispose of the matter as expeditiously as possible.

¶8Accordingly, Tr.C.M.P. No.997 of 2024 is dismissed. Consequently, C.M.P. No. 21769 of 2024 is closed. There shall be no order as to costs. 26-02-2026 Index: Yes/No Speaking/Non-speaking order DPQ TRoCMPoNo.o997oofo2024 DR.A.D.MARIAoCLETEoJ. DPQ TRoCMPoNo.o997oofo2024 AND CMPoNO.o21769oOFo2024 26-02-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-02-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE AND CMP NO. 21769 OF 2024 1. Mohammed Imran Ansari S/o.Mohammed Yusuf Ansari, Res at No.55/107, Aaliya Street, Dharanampettai, Gudiyatham, Vellore Dist-632602 2. Nowshad Ansari W/o.Mohammed Imran Ansari, Res at No.55/107, Aaliya Street, Dharanampettai, Gudiyatham, Vellore Dist-632602 ..Petitioner(s) Vs Husna Khatun Shaikh at House No.597, Flat B-404, Sector-12E, Rajashree Apartment, Samta Nagar, Thane-400709 ..Respondent(s) CMP No. 21769 of 2024 1. Mohammed Imran Ansari S/o.Mohammed Yusuf Ansari, Res at No.55/107, Aaliya Street, Dharanampettai, Gudiyatham, Vellore Dist-632602 2. Nowshad Ansari W/o.Mohammed Imran Ansari, Res at No.55/107, Aaliya Street, Dharanampettai, Gudiyatham, Vellore Dist-632602 ..Appellant(s) Vs Husna Khatun Shaikh at House No.597, Flat B-404, Sector-12E, Rajashree Apartment, Samta Nagar, Thane-400709 ..Respondent(s) Page2 of 5 To withdraw the case in the case pending in GWOP No.01/2023 on the file of Principal District Judge, Vellore and transfer the same to District Court at Chennai or Family Court at Chennai and set aside the order dt. 01.08.2024 passed by Principal District Judge, Vellore in GWOP No.01/2023 CMP No. 21769 of 2024 To stay all further proceedings in GWOP No.01/2023 on the file of Principal District Judge, Vellore pending disposal of the above Tr.CMP. For Petitioner(s): Mr.N.S.Baig For Respondent(s): No appearance