1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI Tr.C.M.P(MD)No.30 of 2011 and M.P(MD)No.1 of 2011 G.Jeyagayathri ... Petitioner/Respondent Vs. J.Karthik ... Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P.No.88 of 2010 from the file of Sub-Court, Kancheepuram and transfer the same to the file of Principal Sub-Court, Trichy to be tried along with H.M.O.P.No.54 of 2011. For Petitioner :Mr.J.Jeyakumaran For Respondent :No Appearance. ORDER The learned counsel for the petitioner is present and is heard. Notice sent to the respondent to the last known address as given in his H.M.O.P. and as given in the H.M.O.P. filed by the wife are returned unserved with an endorsement "No Such Addressee" and "Insufficient Address". Notice sent to the respondent to the last known address as given in his H.M.O.P is held sufficient and the respondent is set ex-parte before this Court. 2. Considering the reasons set out in the affidavit filed in support of this petition and considering the fact that H.M.O.P. filed by the wife is pending before the Principal Sub-Court, Trichy and considering the legal position that the wife is having the choice of choosing the forum, this court is inclined to transfer the H.M.O.P. filed by the husband to the Principal Sub-Court, Trichy and the same will in no way prejudice the right of the husband to pursue his remedy in his H.M.O.P. and in the H.M.O.P. filed by the wife. 3. In the result, this Transfer Civil Miscellaneous Petition is ordered by withdrawing and transferring H.M.O.P.No.88 of 2010 from the file of Sub-Court, Kancheepuram to the file of Principal Sub-Court, Trichy to be tried along with H.M.O.P.No.54 of 2011 on merits and in accordance with law. The transferee Court is on receipt of the case records directed to send due notice to the parties herein and dispose of the same on merits and in accordance with law. No Costs. Consequently, connected miscellaneous petition is closed. SD ASST REGISTRAR ( RECORDS ) /TRUE COPY/ pm SUB ASST REGISTRAR To 1.The Subordinate Judge, Kancheepuram. 2.The Principal Subordinate Judge, Trichy. DM::2011:JULY::14:: Tr.C.M.P(MD)No.30 of 2011 and MP(MD)No. 1 of 2011 1p:3c:: 24.06.2011 https://hcservices.ecourts.gov.in/hcservices/