IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 25.03.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P. No. 446 of 2009 and M.P. No. 1 of 2009 Jayaprabha .. Petitioner Versus T.Samson Raju .. Respondent Prayer: Petition has been filed under Section 24 of C.P.C., praying, to withdraw I.D.O.P. No. 101 of 2008, from the file of District Court, Thiruvallur and transfer the same to the I Additional Family Court, at Chennai, in M.C. No.457 of 2009. For Petitioner : M/S. J. Sudha For Respondent : Mr. M.L. Ramesh O R D E R This Transfer Civil Miscellaneous Petition has been filed praying that this Court may be pleased to withdraw I.D.O.P. No. 101 of 2008 pending on the file of District Court, Thiruvallur and transfer the same to the I Additional Family Court, Chennai, to be heard along with M.C. No.457 of 2009. 2. It has been stated that the marriage between the petitioner and the respondent was solemnised, on 20.09.2004, at the Pentecostal Mission, Kaverapalayam, Avadi, Chennai, according to christian rites and customs. Thereafter, they were living at the respondent's parental home at Avadi. Since, the respondent and his family members had demanded dowry from the petitioner's father, disputes had arisen between the petitioner and the respondent. It has also been stated that the members of the respondent's family were ill-treating the petitioner for not bringing enough money, as dowry. The respondent abused the petitioner by using filthy language and he had been treating her in a cruel manner. 3. While so, during the month of January, 2005, when the respondent had been transferred to Jammu, the petitioner's in-laws had started ill-treating the petitioner, both physically and mentally and the petitioner was not in a position to contact the https://hcservices.ecourts.gov.in/hcservices/ members of her family. The petitioner had filed the complaint before the Commissioner of Police, Chennai, which was referred to the All Women Police Station, at Avadi. Thereafter, the respondent had sent the petitioner out of the matrimonial home and he had filed I.D.O.P. No. 101 of 2008, on the file of District Court, Thiruvallur, for divorce. Since, the petitioner was unemployed and as she was dependent on the respondent, she had filed M.C. No. 457 of 2009, on the file of I Additional Family Court, Chennai, for maintenance. 4. It has also been stated that the respondent, who is working as a commandant in the Rapid Action Force, 99 Battalions, Secundrabad, earning a monthly salary of Rs.30,000/-, is liable to pay the petitioner sufficient money, as maintenance. In such circumstances, the petitioner is not in a position to attend the hearings before the District Court, Thiruvallur, in I.D.O.P. No. 101 of 2008. The petitioner is living with her aged parents and there is no one to accompany her, during her travel to Thiruvallur, to attend the hearings. In such circumstances, the petitioner has preferred the present Transfer Civil Miscellaneous Petition, before this Court. 5. A Counter affidavit has been filed on behalf of the respondent stating that he is employed at Secundrabad, in Andhra Pradesh, in the Rapid Action Force, as a commandant and therefore, he would not be in a position to attend the hearings before the Family Court, Chennai, if I.D.O.P. No. 101 of 2008, is transferred from the District Court, Thiruvallur, to the Family Court, at Chennai. 6. It has also been submitted that the respondent would not be in a position to avail sufficient leave to attend the hearings at the Family Court, Chennai, as per the Central Reserve Protection Force Rules, 1955. Since, the personal appearance before the Family Court, Chennai, would be compulsorily difficult for the respondent to avail leave to attend the said hearing, if I.D.O.P. No. 101 of 2008 is pending on the file of the District Court, Thiruvallur, is transferred to the Family Court at Chennai. 7. In view of the submissions made by the learned counsels appearing on behalf of both the parties concerned, this Court is of the considered view that it would be appropriate to withdraw I.D.O.P. No. 101 of 2008, from the file of District Court, Thiruvallur and transfer the same to the file of the I Additional Family Court, Chennai, to be heard along with M.C. No. 457 of 2009, as prayed for the petitioner in the present Transfer Civil Miscellaneous Petition. On I.D.O.P. No.101 of 2008, being transferred from the District Court, Thiruvallur, to the I Additional Family Court, Chennai, the respondent's personal appearance may be dispensed with, till the commencement of the trial before the said Court. https://hcservices.ecourts.gov.in/hcservices/ 8. With the above observations, the Transfer Civil Miscellaneous Petition is allowed. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar kj To 1.The District Court Thiruvallur. 2.The I Additional Family Court Chennai. + 1 CC to M/s.Adhilakshmi Logamurthy,Advocate,SR.20013 + 1 CC to Mr.M.L.Ramesh,Advocate,SR.20205 Tr.C.M.P. No. 446 of 2009 & M.P. No. 1 of 2009 MA(CO) EM/29.4.10 https://hcservices.ecourts.gov.in/hcservices/