1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.10.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P (MD).No.195 of 2011 and M.P (MD) No.1 of 2011 M.Muruga Saraswathy .. Petitioner/Respondent -Vs- Muniasamy .. Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw the case in HMOP No.202 of 2011 on the file of the learned Sub Judge, Tuticorin and transfer the same to the file of the Sub Court, Arupukottai, Virudhunagar District. For petitioner : Mr.M.Jothibasu For respondent : Mr.B.S.Meltiue O R D E R The petitioner and respondent are the husband and wife. Their marriage was solemnized on 18.09.2002 at Tuticorin. On account of development of strained relationship between them, the respondent has filed the petition in H.M.O.P.No.202 of 2011 on the file of the learned Subordinate Judge, Tuticorin, seeking the relief of divorce. The petitioner has also filed another petition claiming maintenance in M.C.No.27 of 2011 on the file of the learned Judicial Magistrate, Aruppukottai. It is obvious to note that the respondent has been appearing in the maintenance case in M.C.No.27 of 2011. Now it is brought to the notice of this Court that during their wedlock, the petitioner herein had begotten two children, one male and female, and both the children are now with the custody of the petitioner. In this circumstance, the petitioner has come forward with this petition seeking the relief of withdrawal of the case in H.M.O.P.(MD).No.202 of 2011 from the file of the learned Subordinate Judge, Tuticorin and to transfer the same to the file of the learned Subordinate Judge, Aruppukottai. 2.The learned counsel for the respondent has strongly objected to transfer the petition in H.M.O.P.No.202 of 2011 on the ground that the respondent had received a telephonic threat from the relatives of the petitioner and hence, he apprehended danger to his life, if he is made to appear before the Subordinate Judge, Aruppukottai, in the event of transfer of the petition in H.M.O.P.No.202 of 2011. 3.This Court has carefully perused the averments made in the affidavit filed in support of the petition and also perused the related materials available on record. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Keeping in view of the related facts and circumstances and on considering the submission made on behalf of both sides, this Court is of the view that in the interest of justice, it may be better to transfer the petition in H.M.O.P.No.202 of 2011 to the file of the learned Subordinate Judge, Aruppukottai from the file of the learned Subordinate Judge, Tuticorin. 5.Accordingly, this petition is allowed and the petition in H.M.O.P.No.202 of 2011 is ordered to be withdrawn from the file of the learned Subordinate Judge, Tuticorin and transfered to the file of the learned Subordinate Judge, Aruppukottai. The learned Subordinate Judge, Tuticorin is directed to transmit the records relating to H.M.O.P.No.202 of 2011 to the file of the learned Subordinate Judge, Aruppukottai, within a period of three weeks from the date of receipt of a copy of this order. On receipt of the records, the learned Subordinate Judge, Aruppukottai, is directed to dispose the case as expeditiously as possible. Consequently, connected miscellaneous petition is closed. There is no order as to costs. gcg Sd/- Assistant Registrar[T&P] /True copy/ TO Sub Assistant Registrar 1.THE SUBORDINATE JUDGE, TUTICORIN. 2.THE SUBORDINATE JUDGE, ARUPPUKOTTAI. +1 CC TO M/S.G.MARIMUTHU, ADVOCATE SR.NO.36418. Order in Tr.C.M.P.(MD).No.195 of 2011 and M.P (MD) No.1 of 2011 Dated:20.10.2011 2P/4C RPB : 21.10.2011 https://hcservices.ecourts.gov.in/hcservices/