IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 13.04.2010 Coram The Honourable Mr.Justice M.Jaichandren TR.CMP.No.398 of 2009 & M.P.No.1 of 2009 Mrs.Latha Asha Rani ... Petitioner Vs. Mr.E.Merlin Thompson ... Respondent Prayer: Petition has been filed Under Section 24 of the Code of Civil Procedure code to withdraw the case in ID OP No.157 of 2008 on the file of the District Judge, Thiruvallur and to transfer the same to the file of the Court of Suboridinate Judge at Poonamallee. For Petitioner : Mr.C.Richard Sureshkumar For Respondent : No appearance O R D E R This petition has been filed to withdraw the case in I.D.O.P No.157 of 2008, on the file of the District Judge, Thiruvallur and to transfer the same to the file of the Court of Suboridinate Judge, at Poonamallee. 2.Section 8 of the Divorce Act, 1869, reads as follows: "Extraordinary jurisdiction of High Court:-The High Court may, whenever it thinks fit, remove and try and determine as a Court of original jurisdiction any suit or proceeding instituted under this Act in the Court of any District Judge within the limits of its jurisdiction under this Act. Power to transfer suits:- The High Court may also withdraw any such suit or proceeding, and transfer it for trial or disposal to the Court of any other such District Judge." 3.In view of the said Section, the prayer sought for by the petitioner cannot be granted by this Court. Hence, the Transfer https://hcservices.ecourts.gov.in/hcservices/ Civil Miscellaneous Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 4.However, it is made clear that it would be open to the petitioner to file a fresh transfer Civil Miscellaneous Petition, if so advised, in the manner known to law, seeking transfer of I.D.O.P.No.157 of 2008, pending, on the file of District Court, Thiruvallur, to any other appropriate Court. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar arr To 1.The District Court, Thiruvallur 2.The Suboridinate Court, Poonamallee. 1 cc To Mr.K.B.Arul, Advocate, SR.24644 1 cc To Mr.N.Nanmaran, Advocate, SR.24328 TR.CMP.No.398 of 2009 gv(co) pmk.29.4.2010 https://hcservices.ecourts.gov.in/hcservices/