IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.No.399 of 2009 and M.P.No.1 of 2009 A.Kavitha Devi .. Petitioner. Versus Suresh Victor Amalraj .. Respondent. PRAYER: Petition filed under Article 227 of the Constitution of India, seeking to withdraw the D.O.P.No.8 of 2009, from the file of the Principal District Judge, Thiruvarur and transfer the same to the competent Court at Pondicherry. For Petitioner: Mr.S.Senthilnathan For Respondent: Mr.S.Sounthar O R D E R This transfer civil miscellaneous petition has been filed praying that this Court may be pleased to withdraw D.O.P.No.8 of 2009, from the file of the Principal District Judge, Thiruvarur, and to transfer the same to a competent Court, at Pondicherry. 2. The petitioner has stated that she had married the respondent, on 23.5.2009. Immediately, after the marriage the petitioner was sent to Dubai, where the respondent was employed. However, the marital life with the respondent was not happy and the petitioner had been sent out of the matrimonial home, when she was in the family way. She was compelled to fly, from Dubai to India, alone. Even thereafter, the petitioner was being illtreated and the respondent and his family members had also made dowry demands. 3. Thereafter, the respondent had filed a petition for divorce before the Principal District Judge, Thiruvarur, in D.O.P.No.8 of 2009. The first hearing of the petition was, on 12.10.2009. However, when the petitioner had appeared before the Principal District Court, Thiruvarur, on 12.10.2009, she was threatened and humiliated by the members of the respondent's family. The respondent had filed the petition before the Principal District Court, Thiruvarur, instead of filing the same at Karaikal, where the petitioner has her permanent residence. Since, the Principal District Court, Thiruvarur, is situated nearly 170 kilometres away from the present residence of the https://hcservices.ecourts.gov.in/hcservices/ petitioner, it is extremely difficult for her to appear before the Principal District Court, Thiruvarur, during the hearings, in D.O.P.No.8 of 2009. Further, the petitioner is not in a position to meet the expenses for her travel. It had also been stated that the petitioner has no one to accompany her during her travel to Thiruvarur. 4. In such circumstances, the petitioner has preferred the transfer civil miscellaneous petition before this Court, under Article 227 of the Constitution of India, praying that this Court may be pleased to withdraw D.O.P.No.8 of 2009, from the file of the Principal District Court, Thiruvarur and to transfer the same to the competent Court, at Pondicherry. 5. In the counter affidavit filed on behalf of the respondent it had been stated that the averments and the allegations made by the petitioner in the affidavit filed in support of the transfer civil miscellaneous petition are false and frivolous. It has been stated that the respondent is working at Dubai. He comes to India only on short visits, when he is in a position to avail leave. If D.O.P.No.8 of 2009, filed for divorce, is transferred to Pondicherry, it has to be adjudicated in the Family Court at Pondicherry. The respondent would be compelled to be present for the hearings before the Family Court, at Pondicherry, in person. It would be extremely difficult for the respondent to do so, as he is employed at Dubai. Therefore, it had been stated that the original petition may be transferred to any other Court of competent jurisdiction. 6. In view of the averments made by the petitioner, as well as the respondent and in view of the submissions, made by the learned counsels appearing for the parties concerned stating that it may be appropriate for this Court to withdraw D.O.P.No.8 of 2009, pending on the file of the Principal District Judge, Thiruvarur, and to transfer the same to the Principal District Court, Nagapattinam, the petition filed by the respondent, in D.O.P.No.8 of 2009, is withdrawn from the file of the Principal District Court, Thiruvarur, and transferred to the file of the Principal District Court, Nagapattinam, to be heard and disposed of on merits and in accordance with law. The parties have undertaken to cooperate in the matter for the expeditious disposal of the petition,by the Principal District Court, Nagapattinam. The Civil Revision Petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar csh https://hcservices.ecourts.gov.in/hcservices/ To 1.The Principal District Judge, Tiruvarur. 2.The Competent Judge, Pondicherry. 3.The Principal District Judge, Nagapattinam. 1 cc To Mr.S.Sounthar, Advocate, SR.25325 Tr.C.M.P.No.399 of 2009 mg(co) pmk.7.5.2010 https://hcservices.ecourts.gov.in/hcservices/