1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P.(MD).No.304 of 2011 and M.P(MD)No.1 of 2011 K.Ramalakshmi .. Petitioner -Vs- K.Salomon Peter @ Arul .. Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of the Code of Civil Procedure, praying to withdraw the proceeding in H.M.O.P.No.526 of 2011 from the file of the Principal Sub- Court, Trichy and to transfer to the file of Principal Subordinate Judge, Srivilliputhur. For Petitioner : Mr.P.Mahendran ORDER The respondent herein was served with the notice. However, he has not chosen to appear. The Registry was also directed to verify as to whether any learned Counsel has entered appearance on behalf of the respondent. The Registry has accordingly verified and reported that no counsel has entered appearance on behalf of the respondent. 2.Heard Mr.P.Mahendran, learned Counsel appearing for the petitioner. 3.This Court has also perused the averments of the affidavit filed in support of this petition. Having taken into consideration of the related facts and circumstances and on considering the submissions made by the learned Counsel for the petitioner, there is no other go for this Court, excepting to dispose this petition on merits in the absence of the respondent. 4.This Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of the Code of Civil Procedure to withdraw the proceeding in H.M.O.P.No.526 of 2011 from the file of the Principal Subordinate Court, Trichy and to transfer to the file of the learned Principal Subordinate Judge, Srivilliputhur, for disposal in accordance with law. 5.The petitioner herein and the respondent are the wife and husband. Their marriage was solemnized on 20.01.2006 at Keelakarisalkulam Village, near Rajapalayam, Virudhunagar District. Thereafter, the matrimonial https://hcservices.ecourts.gov.in/hcservices/ 2 tiff developed between them, had forced the respondent to file the petition in H.M.O.P.No.526 of 2011, for divorce on the file of the Principal Subordinate Court, Trichy. 6.Now, the petitioner has stated that out of their wedlock, the petitioner has begotten one female child and now, she is aged about 5 years and presently she is going to school. The petitioner has also stated that she is depending upon her parents and she find it difficult to travel 350 kms from Rajapalayam to Trichy along with her female child. Since, she finds it difficult to attend each and every hearing, along with her female child, she has come forward with this petition seeking the relief of withdrawal of the proceeding in H.M.O.P.No.526 of 2011 from the file of learned Principal Subordinate Judge, Trichy and to transfer to the file of the learned Principal Subordinate Judge, Srivilliputhur. 7.This Court has given its careful consideration to the averments made in the affidavit filed in support of this petition. In order to controvert those facts, the respondent ought to have chosen to appear before this Court. But he has not done so. Under this circumstance, this Court is inclined to allow this petition granting the relief sought for by the petitioner. 8.Accordingly, the petition is allowed and the proceedings in H.M.O.P.No.526 of 2011 is ordered to be withdrawn from the file of Principal Subordinate Court, Trichy and transferred to the file of Subordinate Court, Srivilliputhur for disposal in accordance with law. The learned Principal Subordinate Judge, Trichy, is directed to transmit the records pertaining to H.M.O.P.No.526 of 2011 to the learned Subordinate Judge, Srivilliputhur within a period of three weeks from the date of receipt of a copy of this order. After receipt of the records, the learned Subordinate Judge, Srivilliputhur is hereby directed to dispose of the petition as expeditiously as possible, after giving notice to both the parties, so as to enable them to make their presence for projecting their respective cases. 9.with the above directions, the petition is allowed. Consequently, the connected miscellaneous petition is closed. There is no order as to costs. SD Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS) To 1.The Principal Subordinate Judge, Trichy. 2.The Subordinate Judge, Srivilliputhur. skn Tr.C.M.P.(MD).No.304 of 2011 22.12.2011 ka/16/04/2012/2p-3c https://hcservices.ecourts.gov.in/hcservices/