IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 31.03.2010 Coram THE HONOURABLE MR.JUSTICE M.JAICHANDREN TR.CMP.No.360 of 2009 & M.P.No.1 of 2009 S.Gayathri ... Petitioner/Respondent Vs. S.Seshadri@Prabu ... Respondent/Petitioner Prayer: Petition has been filed Under Section 24 of the Code of Civil Procedure code to withdraw the H.M.O.P.No.330 of 2009, on the file of the Family Court, Coimbatore and transfer the same to the file of the Family Court, Chennai. For Petitioner : Mr.Nageswaran For Respondent : Mr.M.Rajasekhar O R D E R This Transfer Civil Miscellaneous petition has been filed, praying that this Court may be pleased to withdraw H.M.O.P.No.330 of 2009, pending on the file of the Family Court, Coimbatore and to transfer the same to the file of the Family Court, Chennai. 2.It has been stated that the marriage between the petitioner and the respondent was solemnized, on 20.02.2005. Thereafter, due to certain disputes that had arisen between the petitioner and the respondent, the respondent had filed H.M.O.P.No.330 of 2009, on the file of the Family Court, Coimbatore, for dissolution of marriage, by a decree of divorce, on the grounds of cruelty, torture and irretrievable breakdown of marriage. 3.It has been further stated by the petitioner that after her marriage, the respondent and his parents had started to inflict mental and physical torture on the petitioner. Whileso, the respondent had deserted the petitioner and she has been living in her maternal residence, at Chennai. The respondent is employed at Abu Dhabi . However, he had filed H.M.O.P.No.330 of 2009, on the file of the Family Court, Coimbatore, stating that the petitioner and the respondent had last lived together, at Coimbatore. It has also been stated that the petitioner is, at https://hcservices.ecourts.gov.in/hcservices/ present, living in Chennai along with her aged parents. 4.In such circumstances, she had filed the above Transfer Civil Miscellaneous Petition, to withdraw H.M.O.P.No.330 of 2009, pending on the file of the Family Court and to transfer the same to the file of the Family Court, Chennai. 5. A counter affidavit had been filed on behalf of the respondent denying the averments and allegations made by the petitioner. It had been stated that the petitioner had been insulting the respondent and she had also been treating him badly infront of his parents, causing mental agony to the respondent, as well as to his aged parents. Even though the respondent is employed in Abu Dhabi,his parents are residing, at Coimbatore. In his absence, the respondent's father would be in a position to look after the original petition filed in the Family Court, Coimbatore. It has also been stated that the request of the petitioner to transfer H.M.O.P.No.330 of 2009, from the Family Court, Coimbatore to the Family Court, at Chennai, is only to harass the respondent. 6.In view of the averments made on behalf of the parties concerned, and as it is an admitted fact that the petitioner is at present residing, at Chennai, along with her parents, H.M.O.P.No.330 of 2009, pending on the file of the Family Court, Coimbatore, is withdrawn and transferred to the Family Court, Chennai. After, H.M.O.P.No.330 of 009 is transferred and renumbered, the Family Court, Chennai, shall hear and dispose of the original petition, as expeditiously as possible, not later than eight months thereafter. It is also made clear that the personal appearance of the respondent may be required only during the trial of the original petition and if it is so required by the Family Court concerned. This Transfer Civil Miscellaneous Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. arr Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1.The Registrar, Family Court, Coimbatore 2.The Registrar, Family Court, Chennai. + 1 cc to M/s.Nageswaran, Advocate SR No.21468 + 1 cc to M/s.M.Rajasekhar, Advocate SR No.21474 TR.CMP.No.360 of 2009 RK(CO) SR.26.4.2010 https://hcservices.ecourts.gov.in/hcservices/