1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P (MD).No.37 of 2011 S.Ponkasiraja .. Petitioner/Petitioner -Vs- A.Anandhadevi .. Respondent/Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw the case in H.M.O.P.No.533 of 2007 on the file of the learned Family Court, Madurai and transfer the same to any other Sub-Court at Madurai. For Petitioner : Mr.E.Somasundaram For Respondent : No appearance O R D E R After invoking the proviso to section 24 of the Code of Civil Procedure, 1908, the petitioner has filed the petition with a prayer to withdraw the case in H.M.O.P.No.533 of 2007, from the file of the Family Court, Madurai and transfer the same to any other Sub-Court at Madurai. 2.When the matter came up for hearing, the learned counsel for the petitioner was present. On the other hand, there was no representation on behalf of the respondent, despite service of notice on her. Hence, this Court after hearing the learned counsel for the petitioner in the absence of the respondent does passed the following order on merits. 3.The petitioner and the respondent are husband and wife. Their marriage was solemnized on 30.01.2003 at Sellur. On account of the matrimonial tiff, the petitioner who is the husband had originally filed a petition for restitution of conjugal rights before the Family Court, Madurai, but it was subsequently withdrawn and thereafter, he opted to file another petition in H.M.O.P.No.533 of 2007 for the relief of divorce. This petition is pending from 2007 onwards without any progress. Till date, both the parties had underwent several mediation, but it was not fructified. 4.Under this circumstance, the learned counsel for the petitioner would submit that without any reason whatsoever, the learned Trial Judge has been adjourning the matter periodically. Therefore, the petitioner has come forward with this petition for transfer of the case in H.M.O.P.No.533 of 2007 from the file of the Family Court, Madurai and to transfer the same to any other Subordinate Court of Madurai. 5.The learned counsel for the petitioner has also submitted that instead of transferring the case from the above said Court, let there be a https://hcservices.ecourts.gov.in/hcservices/ 2 direction to the learned Trial Judge to dispose the matter within the time frame which may be fixed by this Court. 6.Keeping in view of the submissions made by the learned counsel for the petitioner and on perusing the averments of the affidavit filed in support of the petition, this Court has thought it fit that let there be a direction to the learned Trial Judge to dispose the matter within the stipulated period of time. 7.Accordingly, the learned Additional District Judge, Family Court, Madurai is directed to dispose the case in H.M.O.P.No.533 of 2007 within a period of four weeks on day-to-day basis under the intimation of this Court without any further loss of time. With this observation, the petition is disposed of. No costs. SD DEPUTY REGISTRAR ( LA ) /TRUE COPY/ ASST REGISTRAR ps To THE ADDITIONAL DISTRICT JUDGE, FAMILY COURT, MADURAI. 1CC TO MR. E. SOMASUNDRAM, ADVOCATE, SR: 10057: COPY TO: THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. DM:2011:FEBRUARY:28::: Tr.C.M.P (MD).No.37 of 2011 25.02.2011 2P:4C https://hcservices.ecourts.gov.in/hcservices/