1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P(MD)No.124 Of 2011 and M.P(MD)No.1 of 2011 R.Shanmuga Priya ..Petitioner/Respondent/wife .vs. R.Muthuvenkadam ..Respondent/petitioner/Husband PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, praying this Court to withdraw and Transfer Original petition in H.M.O.P.No.60 of 2010, on the file of Sub- Court,Ramanathapuram and transfer the same to the file of the Sub- Court,Sivagangai to be tried along with H.M.O.P.No.127 of 2010, on its file. For Petitioner :M/s.T.S.Mohamed Mohideen For Respondent :M/s.K.R.Laxman O R D E R Invoking the proviso to Section 24 of the Civil Procedure Code, the petitioner has preferred this Transfer Civil Miscellaneous petition seeking the relief of transfer of proceedings in H.M.O.P.No.60 of 2010 from the file of the learned Sub-ordinate Judge, Ramanathapuram and transfer the same to the file of the learned Sub-ordinate Judge, Sivagangai, to be tried along with H.M.O.P.No.127 of 2010, in accordance with law. 2. The petitioner and the respondent herein are wife and husband. On account of matrimonial tiff, both of them have been living separately. Under this circumstance, the respondent being the husband of the petitioner has filed a petition in H.M.O.P.No.60 of 2010, on the file of the learned Subordinate Judge, Ramanathapuram, seeking the relief of divorce. The petitioner/wife has also filed another petition in H.M.O.P.No.127 of 2010, seeking for the relief of restitution of conjugal rights, on the file of the learned Subordinate Judge, Sivagangai. 3. Now the petitioner has come forward with this petition seeking the relief of withdrawal of H.M.O.P.No.60 of 2010 from the file of learned Sub-ordinate Judge, Ramanathapuram and transfer the same to the file of the learned Sub-ordinate Judge, Sivagangai, to be tried along with H.M.O.P.No.127 of 2010, on the ground that she is staying at present with her parents at Sivagangai and pursuing her third year B.E. degree course in St.Michael Engineering College, Kalayarkoil. She has also contended that she found it difficiult amd much hardship to go to Ramanathapuram for the purpose of attending the case for each and every hearing, after travelling a distance of 120 Kms from Sivagangai. 4. When the petition came up for hearing today, both the learned counsels appearing on either side fairly suggested that the proceeding in H.M.O.P.No.60 of 2010 may be ordered to be withdrawn from the file of https://hcservices.ecourts.gov.in/hcservices/ 2 learned Sub-ordinate Judge, Ramanathapuram and transfer to it the file of the learned Sub-ordinate Judge, Sivagangai, to be tried along with the proceeding in H.M.O.P.No.127 of 2010, in a time bound manner. 5. Having regard to the submissions made by learned counsels appearing on either side and on considering the averments contained in the affidavit filed in support of the petition, this Court is inclined to allow this petition as prayed for. 6. Accordingly, this petition is allowed and H.M.O.P.No.60 of 2010 is ordered to be withdrawn from the file of the learned Sub-ordinate Judge, Ramanathapuram and transferred to the file of the learned Sub- ordinate Judge, Sivagangai, to be tried along with H.M.O.P.No.127 of 2010. The learned Sub-ordinate Judge, Ramanathapuram is directed to transmit the records relating to H.M.O.P.No.60 of 2010, within a period of three weeks from the date of receipt of a copy of this order. The learned Subordinate Judge, Sivagangai is also directed to club the petition in H.M.O.P.No.60 of 2010 along with H.M.O.P.No.127 of 2010 and dispose of these two petitions within a time frame of three months from the date of receipt of records in H.M.O.P.No.60 of 2010, without further loss of time. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1. The Subordinate Judge, Ramanathapuram. 2. The Subordinate Judge, Sivagangai. +1CC TO MR.T.S.MOHAMMED MOHIDEEN, ADVOCATE SR.39933 +1CC TO MR.K.R.LAKSHMAN, ADVOCATE SR.39970 Vsn SR : 16.11.2011 : 2p/5c : IT Tr.C.M.P(MD)NO.124 of 2011 and MP(MD)No.1 of 2011 15.11.2011 https://hcservices.ecourts.gov.in/hcservices/