1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2012 Coram: THE HONOURABLE MR.JUSTICE R.SUBBIAH Tr.C.M.P(MD).No.59 of 2011 and M.P (MD) No.1 of 2011 Umamaheswari .. Petitioner -Vs- Nagarajan .. Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw and H.M.O.P.No.79 of 2010 pending on the file of the Sub Court, Virudhunagar and transfer the same to the file of the Principal Sub Court, Tiruchirappalli. For Petitioner : Mr.K.S.Vamsidhar For Respondent : Mr.P.Mahendran *** ORDER The transfer petitioner is the wife. The present transfer C.M.P.is filed to transfer the H.M.O.P.No.79 of 2010, pending on the file of the Sub-Court, Virudhunagar filed by the respondent/husband for Restitution of Conjugal Rights to the file of Sub Court, Tiruchirappalli. 2. I find that no proceedings is pending before the Sub-Court, Tiruchirappali. The main grievance of the revision petitioner is that she has no sufficient means to travel from Lalgudi where she is residing to Virudhunagar to attend each and every hearing in H.M.O.P.No.79 of 2010. But I do not find any valid reason for transferring the case from Sub- Court, Virudhunagar to Sub-Court, Tiruchirappalli. Moreover, the respondent/husband undertakes to bear the travel expenses to the petitioner/wife at the rate of Rs.1,000/- for each hearing whenever she appear before the Trial Court, he has also filed an affidavit to that effect. 3. In view of the undertaking given by the respondent/husband, this transfer C.M.P.is dismissed. No cost. Consequently, connected miscellaneous petition is also dismissed. 4. The Sub-Court, Virudhunagar is directed to dispose the H.M.O.P.No.79 of 2010 within a period of three months from the date of receipt of a copy of this order. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 2 To The Subordinate Judge, Virudhunagar. + 1 cc to Mr.K.S.Vamsidhar, Advocate, SR No.710 Tr.C.M.P(MD).No.59 of 2011 and M.P (MD) No.1 of 2011 09.01.2012 am RJ/25.1.12 2p/3c https://hcservices.ecourts.gov.in/hcservices/