IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 11.03.2010 Coram THE HONOURABLE MR.JUSTICE M.JAICHANDREN TR.CMP.No.68 of 2010 & M.P.No.1 of 2010 Saraswathi Palaniappan ..Petitioner Vs. Vinod Kumar Subbiah ..Respondent Prayer: Petition has been filed Under Section 24 of the Code of Civil Procedure code to withdraw H.M.O.P.No.1354 of 2007 from the file of the learned II Additional Family Court of Chennai and transfer the same to the file of the Learned Family Court Judge of Madurai. For Petitioner : M/s.D.Asenthamani For Respondent : Mrs.Nalini Chidambaram Senior Advocate. O R D E R This Transfer Civil Miscellaneous petition has been filed to withdraw H.M.O.P.No.1354 of 2007, from the file of the learned II Additional Family Court at Chennai and to transfer the same to the file of the Learned Family Court Judge at Madurai. 2.It has been stated that the marriage between the petitioner and the respondent was solemnized, on 28.06.2004, at Kandaramanickam Village, Sivagangai District. Thereafter, the petitioner, as well as the respondent, had been residing at their Matrimonial Home, in Chennai. Since, the respondent was employed as a Soft ware Engineer, in U.S.A, the petitioner, as well as the respondent, had gone to U.S.A, on 09.07.2004. After residing there for a period of two years, they came back to India, in the month of June, 2006. A male child was born out of the wedlock to the petitioner, on 05.12.2006. Thereafter, certain disputes had arisen between the petitioner and the respondent. The respondent had filed H.M.O.P.No.1354 of 2007, on the file of the II Additional Family Court, Chennai, for divorce. Thereafter, the petitioner is living, with her parents, along with her minor child, at Madurai. Due to the ill health of the minor https://hcservices.ecourts.gov.in/hcservices/ child, the petitioner is not in a position to travel to Chennai to attend the hearings at the family Court at Chennai. In such circumstances, the petitioner has preferred the present petition before this Court. 3. A counter affidavit has been filed on behalf of the respondent, denying the averments and the allegations made by the petitioner. It has been stated that, ever since the date of the marriage, the respondent was unhappy with his marital life on the ground that the petitioner had failed to respect the respondent, as expected of a housewife. The respondent and the petitioner had several quarrels, wherein the petitioner used to abuse the respondent, using unparliamentary language. Thereafter, the petitioner had left the respondent and returned to her parent's house. Since then the petitioner and the respondent have been living separately. In such circumstances, the respondent had filed a petition, in O.P.No.1354 of 2007, before the Family Court at Chennai, praying for dissolution of the marriage between the respondent and the petitioner. However, at the time of the hearing of this Transfer Civil Miscellaneous Petition, the learned counsel appearing on behalf of the respondent had submitted that the respondent is not resisting the request of the petitioner for the transfer of H.M.O.P.No.1354 of 2007, from the file of the learned II Additional Family Court at Chennai, to the file of the Learned Family Court Judge at Madurai. However, she had submitted that this Court may be pleased to direct the Family Court, Madurai, to take up H.M.O.P.No.1354 of 2009, after it is transferred and re-numbered, and dispose of the same, on merits and in accordance with law, within the period, as specified by this Court. The learned counsel appearing on behalf of the respondent has referred to Rule 21-B of the Hindu Marriage Act, 1955, which reads as follows: "[21-B.Special Provision relating to trail and disposal of petitions under the Act.(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. (2)Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. https://hcservices.ecourts.gov.in/hcservices/ (3)Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.] 4. In view of the averments made on behalf of the petitioner, as well as respondent, H.M.O.P.No.1354 OF 2007, is withdrawn and transferred to the Family Court, Madurai, as prayed for by the petitioner. After the petition is transferred and renumbered the learned Family Court Judge, Madurai, is directed to dispose of the matter on merits, as expeditiously as possible, not later than four months from the date of such transfer and renumbering. 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 To 1. The II Additional Family Court Chennai. 2. The Family Court, Madurai. + 1 c.c. to Mr. K. Thilageswaran, Advocate. S.R.No.17385. + 1 c.c. to M/s. C. Uma, Advocate. S.R.No.16766. TR.CMP.No.68 of 2010 GS (CO) GSK 17.03.2010. https://hcservices.ecourts.gov.in/hcservices/