1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI Tr.C.M.P(MD)No.79 of 2011 and M.P(MD)No.1 of 2011 P.Shunmugakani ... Petitioner Vs. G.Perumal ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P.No.229 of 2010 from the file of Sub-court, Pudukottai and transfer the same to the file of Sub-Court, Thoothukudi For Petitioner :Mr.P.Pethy Rajesh For Respondent :Mr.P.Thiagarajan ORDER Heard both sides. 2. The wife is the petitioner herein. The wife is seeking transfer of H.M.O.P.No.229 of 2010 filed by the husband for divorce, from the file of Sub-Court, Pudukottai to the file of Sub- Court, Thoothukudi on the ground of physical inability due to knee pain and financial incapacity for want of any earning. 3. According to the petitioner, she finds it difficult to travel to and fro 220 kms to attend the proceedings. It is her case that as the husband has already been attending hearings in the maintenance case M.C.No.3 of 2011 filed by the wife and in the proceedings initiated under Section 12 of the Domestic Violence Act both pending before the Chief Judicial Magistrate, Thoothukudi and Judicial Magistrate No.II, Thoothukudi respectively. H.M.O.P filed by the husband can also be transferred to Thoothukudi so that it is more convenient for the wife who is aged 45 years with four female children without any sufficient income to attend the hearings in all the three matters at one and the same place. 4. Per contra, the learned counsel for the husband would seriously oppose this transfer petition on the ground that the respondent has been attending hearings in the maintenance case and in the proceedings initiated under the Domestic Violence Act on different hearing dates and in the event of H.M.O.P being transferred to the same place, he will find it difficult to make his appearance in all three proceedings on different date of hearings and he cannot allowed to be absent from his duties frequently. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Though this Court finds some bonafide in the contention raised on the side of the husband, this Court is inclined to order transfer as sought for in this petition. As already referred to above, the petitioner is aged 45 years with two out of four college going children and without any independent income. It is not the case of the husband that the wife has been regularly paid maintenance for herself and for her children. That being the factual state of affairs, the wife is likely to suffer due to financial crisis in the event of going to pudukottai to attend the hearing either in person or by engaging a counsel. Hence, considering the family and financial circumstances of the petitioner/wife, this Court is inclined to order transfer as sought for in this petition. 7. In the result, this Transfer Civil Miscellaneous Petition is ordered by withdrawing and transferring H.M.O.P.No.229 of 2010 from the file of to the file of Sub-Court, Pudukottai to the file of Sub-Court, Thoothukudi. No Costs. Consequently, connected miscellaneous petition is closed. Sd/ Deputy Registrar (LA ) /True Copy/ Assistant Registrar To 1.The Sub Judge, Pudukottai. 2.The Sub Judge, Thoothukudi. +1cc to M/S.N.Krishnaveni, Advocate, Sr.No.19113 +1cc to Mr.P.Pethu Rajesh, Advocate, Sr.No.18690 Tr.C.M.P(MD)No.79 of 2011 16.06.2011 pm SMA/04.7.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/