1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T. MATHIVANAN Tr.C.M.P.(MD)No.227 of 2011 and M.P.(MD)No.1 of 2011 Violet Mary : Petitioner/Respondent Vs Benitto Kumar : Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under section 24 r/w 151 CPC praying to withdraw the case in IDOP No.66 of 2009 from the file of the I Additional District Court, Tiruchirappalli and transfer the same to the Family Court, Thanjavur or any competent court. For Petitioner : Mr.S.Deenadhayalan For Respondent : No appearance O R D E R The petitioner has preferred this petition to withdraw the petition in IDOP No.66 OF 2009 from the file of the learned I Additional District Court, Tiruchirappalli and transfer the same to the learned Family Court, Thanjavur or any other competent court, for disposing the same in accordance with law. 2.The respondent has been served with the notice. Despite the service of notice, he has not chosen to appear either in person or through his counsel. 3.When the petition came up for hearing on 25.11.2011, there was no representation on behalf of the respondent. Hence, this court was constrained to give a direction to the Registry to verify as to whether any learned counsel has entered appearance on behalf of the respondent and list the case today i.e., on 02.12.2011. The Registry has, accordingly, verified and made an endorsement saying that no counsel has https://hcservices.ecourts.gov.in/hcservices/ 2 entered appearance on behalf of the respondent. Under the above said circumstance, there is no other go for this court, excepting to dispose this petition on merit in the absence of the respondent. 4.The respondent herein is the husband of the petitioner/wife. Their marriage was solemnised on 15.2.2007. Due to difference of opinion between them, at present, the petitioner has been living in her parents' house. In the above said circumstance, the respondent/husband has filed a petition in IDOP No.66 of 2009 seeking the relief of divorce, on the file of the learned I Additional District Judge, Tiruchirapalli. Now, the petition is pending for adjudication. 5.Since, the petitioner has been residing in her parents house at Pattukkottai, she finds it difficult to attend each and every hearing in IDOP No.66 of 2009 pending on the file of the learned I Additional District Judge, Tiruchirappalli. Hence, she is constrained to file this petition seeking the relief of transfer of the petition in IDOP No.66 of 2009 from the file of the learned I Additional District Judge, Tiruchirappalli, to the file of the learned Family Court, Thanjavur or any other competent court. 6.Heard Mr.S.Deenadhayalan, the learned counsel for the petitioner. This court has carefully perused the averments made in the affidavit filed in support of the petition and also perused the related materials available on record. 7.Mr.S.Deenadhayalan, the learned counsel for the petitioner has submitted that the petitioner has been depending upon her parents, for her subsistence and under this circumstance, it is not possible for her to come and appear for the case in IDOP No.66 of 2009 at Tiruchirappalli from Pattukkottai. Hence, he has urged this court that the case in IDOP No.66 of 2009 be withdrawn from the file of the learned I Additional District Judge, Tiruchirappalli, and transfer the same to the file of learned Family Court, Thanjavur or any other court. 8.Having been satisfied with the reasons assigned in the affidavit https://hcservices.ecourts.gov.in/hcservices/ 3 filed in support of this petition and on considering the submission made by the learned counsel for the petitioner, Mr.S.Deenadhayalan, this court is inclined to allow this petition. 9.Accordingly, this petition is allowed and the petition in IDOP No.66 of 2009 is ordered to be withdrawn from the file of the learned I Additional District Judge, Tiruchirappalli and transferred the same to the file of the learned Principal District Court, Thanjavur. The learned I Additional District Judge, Tiruchirappalli, is directed to transmit the entire case records relating to the petition in IDOP No.66 of 2009 to the file of the learned Principal District Court, Thanjavur, within in a period of three weeks from the date of receipt of a copy of this order. On receipt of the case records, the learned Principal District Judge, Thanjavur, is directed to dispose the petition in IDOP No.66 of 2009 on merit, within a period of four months, without further loss of time. 10.Consequently, the connected Miscellaneous Petition is closed. There is no order as to costs. Sd./- ASSISTANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR er To, 1.The I Additional District Judge, Tiruchirappalli. 2.The Principal District Judge, Thanjavur. RR/14.05.2012 3P: 3C order in Tr.CMP(MD) No.227 of 2011 02.12.2011 https://hcservices.ecourts.gov.in/hcservices/