1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI Tr.C.M.P(MD)No.3 of 2011 and M.P(MD)No.1 of 2011 Alamelu ... Petitioner Vs. R.M.Sethuraman ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P.No.122 of 2010 from the file of Sub-Court, Krishnagiri and transfer the same to the file of Sub-Court, Devakottai. For Petitioner :Mr.R.Sundar Srinivasan For Respondent :No Appearance. ORDER The wife who is the respondent in H.M.O.P.No.122 of 2010 filed for divorce on the file of Sub-Court, Krishnagiri is the petitioner herein. The respondent though duly served with notice for the earlier date of hearing did not make any representation either in person or through his pleader and is hence set ex-parte. 2. The averments made in the affidavit filed in support of this petition and the documents enclosed in the typed set of papers would reveal that the husband on earlier occasion filed H.M.O.P.No.55 of 2009 for restitution of conjugal rights on the file of Sub-Court, Krishnagiri and the same was by order dated 09.12.2009 made in Tr.C.M.P.No.105 of 2009 filed by the wife, transferred to Sub-Court, Pudukottai on the ground of hardship to the wife who is an unemployed lady with two years old child and without sufficient income and any male help. In pursuance of the same, H.M.O.P.No.55 of 2009 is withdrawn and transferred from the file of Sub-Court, Krishnagiri to the file of Sub-Court, Pudukottai for disposal in accordance with law. Pending the same, the husband, has come forward with the divorce petition H.M.O.P.No.122 of 2010 on the file of Sub-Court, Krishnagiri and the same compelled the wife/petitioner to approach this Court seeking transfer of the same. The petitioner/wife has in the affidavit filed in support of this petition, expressed the reasons as expressed in the earlier petition and accepted by this Court on earlier occasion. The grounds so raised herein stand undenied on the side of the respondent/husband. Hence, for the sake of convenience of both sides, this Court is inclined to order the transfer as sought for in this petition. In the result, H.M.O.P.No.122 of 2010 pending on the file of sub-Court, Krishnagiri is withdrawn and transferred to the https://hcservices.ecourts.gov.in/hcservices/ 2 file of Sub-Court, Pudukottai to be tried along with H.M.O.P.No.55 of 2007 on merits and in accordance with law. This Transfer Civil Miscellaneous Petition is accordingly disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To 1.The Subordinate Judge, Krishnagiri. 2.The Subordinate Judge, Pudukottai. +1cc to Mr.R.Sundar Srinivasan, Advocate SR.No.19221 Tr.C.M.P(MD)No.3 of 2011 21.06.2011 PM PA/05.07.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/