IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 29.10.2008 CORAM THE HONOURABLE MR.JUSTICE M. VENUGOPAL Tr.C.M.P.No.343 of 2007 and M.P.No.1 of 2007 Ms.P.Muthukumari .. Petitioner Vs. Dr.G.Sivaraman .. Respondent This transfer Civil Miscellaneous petition is filed under Section 24 of C.P.C. to withdraw the above case in H.M.O.P.No.30 of 2005 from the file of the Hon'ble Principal Sub-Judge, Chengalpattu and to transfer the same to the Hon'ble Principal Sub-Judge, Vellore and pass such further or other orders. For Petitioner : No apearance For Respondent : Mr.K.Vasuvenkat for M/s.C.N.G.Niraimathi ***** O R D E R None appeared for the petitioner. Heard Mr. K.Vasuvenkat for the respondent side. 2. The wife is the petitioner herein. The respondent is the husband of the petitioner. The petitioner/wife has filed this Transfer Civil Miscellaneous Petition 343 of 2007, praying for an order from this Court to transfer the H.M.O.P.No.30 of 2005, pending on the file of the Principal Sub-Judge, Chengalpattu to the file of the Principal Sub-Judge, Vellore. 2. The reason assigned in the petition for transfer is to the effect that the petitioner/wife's father is aged and he underwent eye operation and falls illness frequently and therefore he is not able to provide minimum requirement of food and other accommodation and also she is struggling to meet out the day today expenses for food, medical expenses and that she https://hcservices.ecourts.gov.in/hcservices/ has no male members in her family except her aged father for assistance to come to the court from Vellore and that she has filed maintenance case in M.C.No.41 of 2005 before the Learned Chief Judicial Magistrate, Court, Vellore and the same has been allowed on 13.03.2007, directing the respondent/husband to pay a sum of Rs.1000/- towards maintenance from the date of filing of the above petition. 3. The learned counsel for the respondent/husband informs this Court that he has paid a sum of Rs.11,500/- towards maintenance arrears to the petitioner/wife and as against the orders passed in M.C.41 of 2005, dated 13.03.2007, the husband/respondent has preferred a Criminal Revision Petition 694 of 2007 and the same is pending before this Court. 4. It is not in dispute that in H.M.O.P.No.30 of 2005, on the file of the Principal Sub-Judge, Chengalpattu, the husband has been examined as P.W.1 and his brother is examined as P.W.2 in chief and the matter is pending for cross examination of P.W.2 ever since from 4th September 2007 and in the meanwhile the Transfer Civil Miscellaneous Petition 343 of 2007, has been filed by the petitioner/wife, on 5th September 2007. 5. Though the petitioner/wife has stated in her affidavit in Tr. C.M.P. No.343 of 2007 that she has to appear before the Principal Sub-Judge, Chengalpattu from her place Vellore, in as much as the P.W.1 has been examined in full and now that P.W.2 is to be cross-examined. At this stage, this Court is not inclined to allow the Transfer Civil Miscellaneous Petition, based on the facts and circumstances of the case and resultantly the Transfer Civil Miscellaneous Petition fails and the same is dismissed. 6. In fine, the Transfer Civil Miscellaneous Petition is dismissed. The Principal Sub-Judge, Chengelpattu is directed to dispose of the H.M.O.P.No.30 of 2005, within a period of four months from the date of receipt of copy of the order and the parties are directed to co-operate in the matter in completing the proceedings. There shall be no order as to costs. onsequently, the connected M.P.No.1 of 2007 is closed. Aes Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Principal Sub-Judge, Chengalpattu. 2. The Principal Sub-Judge, Vellore. + 1 cc to Mrs. C. N. G. Niraimathi, Advocate SR No. 60027 Tr.C.M.P.No.343 of 2007 and M.P.No.1 of 2007 KA(CO) SR/7.11.2008 https://hcservices.ecourts.gov.in/hcservices/