1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P.(MD).Nos.286 and 287 of 2011 R.Initha .. Petitioner/Respondent in both cases Vs. S.Ramkumar .. Respondent/Petitioner in both cases PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw and Transfer of HMOP NO.232 of 2010 and GWOP No. 18 of 2010 from the file of Family Court, Madurai to the file of the learned Subordinate Court, Paramakudi, Ramanathapuram District. For Petitioner : Mr.S.Balakarthick For Respondent : No appearance O R D E R These petitions have been filed by the petitioner after invoking the proviso to Section 24 of Code of Civil Procedure seeking the relief of withdrawal of the proceedings in HMOP NO.232 of 2010 and GWOP No.18 of 2010 from the file of Family Court, Madurai, and transfer the same to the file of the learned Subordinate Court, Paramakudi, Ramanathapuram District for disposal in accordance with law. 2. The respondent has been served with the notice. However, he has not chosen to appear either in person or through his counsel and therefore, the Registry was directed to verify as to whether any learned counsel has entered appearance on behalf of the respondent. In obedience of the direction the Registry has verified the records and endorsed that none has entered appearance on behalf of the respondent. Under this circumstance, there is no other go excepting to dispose this petition after hearing the learned counsel Mr.Balakarthick, who is appearing for the petitioner on merit in the absence of the respondent. 3. The petitioner and the respondent are husband and wife and their marriage was solemnized on 21.2.2007 at Madurai and during their wedlock, the petitioner had begotten twins Jeganatha Pandiyan and Senthilnatha Pandiyan aged about 5 years. On account of ill feeling with regard to demand of dowry and ill treatment, now she has https://hcservices.ecourts.gov.in/hcservices/ 2 been living separately in her parents house and both the children are in the custody of the petitioner. 4. Under this circumstances, the respondent Ramkumar has filed the petitions in HMOP NO.232 of 2010 seeking divorce and GWOP No.18 of 2010 seeking custody of the children on the file of the Family Court, Madurai. Now the learned counsel Mr.Balakarthick has submitted that the petitioner has been residing along with her parents at Kamuthi. Hence, she find it difficult to attend the hearing in Family Court at Madurai from Kamuthi all along with her children and hence, she come forward with this petition seeking the relief of transfer of HMOP NO.232 of 2010 and GWOP No.18 of 2010 from the file of the Family Court, Madurai to the learned Subordinate Court, Paramakudi, Ramanathapuram District. 5. This Court has perused the averments filed in support of the petition. Having regard to the related facts and circumstances and on considering the submissions made by the learned counsel for the petitioner, this Court is inclined to grant the relief sought for by the petitioner. 6. Accordingly the petitions in HMOP NO.232 of 2010 and GWOP No.18 of 2010 are ordered to be withdrawn from the file of the learned Family Court, Madurai, and transferred to the file of the learned District Judge, Ramanathapuram District. The learned Family Court Judge, Madurai, is directed to transmit the records within a period of three weeks from the date of receipt of copy of this order to the transferee court and the learned District Judge, Ramanathapuram is also directed to dispose of the said petitions within a period of three months after receiving the records from the Family Court, Madurai. He is also directed to report to the Registry of this Court about the disposal of the proceedings as aforesaid stated. 7. With the above observations, this petition is allowed. There is no order as to costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1. The Judge, Family Court, Madurai. 2. The District Judge, Ramanathapuram District. Copy to: The Section Officer, Judicial Department, Madurai Bench of Madras High Court, Madurai. Tr.CMP(MD).Nos.286 and 287 of 2011 14.12.2011 ses NSV/29.12.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/