1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P.(MD).No.13 of 2011 and M.P(MD)No.1 of 2011 T.Theepa .. Petitioner -Vs- Anbu Selvan .. Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw and transfer the case in H.M.O.P.No.67 of 2010 On the file of the Subordinate Judge, Hosur to the file of the Subordinate Judge, Tirunelveli. For Petitioner : Mr.P.Pethu Rajesh For Respondent : No appearance O R D E R When the Transfer Civil Miscellaneous Petition came up for hearing on 04.02.2011, the respondent has not chosen to appear either in person or through his counsel, despite the service of notice. Hence, by way of giving an opportunity to the respondent, this matter was ordered to be posted today. Even today also there is no representation for the respondent. Hence, the learned counsel for the petitioner was heard in the absence of the respondent and the following order is passed on merits. 2. This petition is filed under Section 24 of the Code of Civil Procedure to withdraw the case in H.M.O.P.No.67 of 2010 from the file of the learned Subordinate Court, Hosur and transfer the same to the file of the learned Subordinate Court, Tirunelveli, for disposal in accordance with law. 3. The petitioner and the respondent herein are the husband and wife. Their marriage was solemnized on 21.05.2000 as per the Hindu Rights and Customs. During their wedlock, the petitioner had begotten two children, namely, A.Reshma, aged about 9 years and A.Nishant, aged about 4 years. Under this circumstance, on account of matrimonial tiff, the respondent has filed a petition before the Subordinate Court, Hosur, for divorce. Now, the respondent along with her children is residing at K.T.C. Nagar, Tirunelveli. She finds it very difficult to attend the Court at Hosur for each and every hearing all along from Tirunelveli to Hosur. Under this circumstance, she has approached this Court by way of this petition to withdraw the case in H.M.O.P.No.67 of 2010, from the file of the learned Subordinate Judge's Court, Hosur and transfer the same to the file the learned Subordinate Judge's Court, Tirunelveli. https://hcservices.ecourts.gov.in/hcservices/ 2 4. This Court has considered the submissions made on behalf of the petitioner. The averments of the affidavit filed in support of the petition are also perused. This Court is satisfied with the reasons assigned for the transfer. Hence, this Court is of opinion that the petition may be allowed as prayed for. 5. In the result, the petition is allowed and the petition in H.M.O.P.No.67 of 2010 is ordered to be withdrawn from the file of the Subordinate Court, Hosur transferred to the file of the Principal Subordinate Court, Tirunelveli, to dispose of the same in accordance with law. Consequently, connected miscellaneous petition is closed. There is no order as to costs. Sd/- Assistant Registrar (Crl. Side) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Subordinate Judge, Hosur. 2.The Principal Subordinate Judge, Tirunelveli. + 1 cc to Mr.P.Pethu Rajesh, Advocate, SR No.4774 Tr.C.M.P.(MD).No.13 of 2011 08.02.2011 skn RJ/10.2.11 (IT) 2p/4c https://hcservices.ecourts.gov.in/hcservices/