IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.04.2010 CORAM: THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.CMP.No.515 of 2009 and MP.No.1 of 2009 P.Jothi .. Petitioner Vs. C.Sivakumar .. Respondent PRAYER. : The Transfer Civil Miscellaneous Petition is filed under section 24 of the C.P.C. to withdraw HMOP No.72 of 2009 on the file of the Principal Sub Judge, Cuddalore and Transfer the same to Sub Court, Kallakurichi for joint trial with HMOP.No.47 of 2009. For Petitioner : Mr.M.R.Sivakumar. For Respondent : No appearance. O R D E R This Transfer Civil Miscellaneous Petition has been filed by the petitioner to withdraw HMOP.No.72 of 2009, pending on the file of the Principal Subordinate Court, Cuddalore and to transfer the same to the Subordinate Court, Kallakurichi, to be tried along with HMOP.No.47 of 2009. 2. It has been stated that the petitioner had married the respondent, on 27.01.2008, as per the Hindu Rites and customs, at Kodumudi, Erode District. As the respondent started suspecting the character of the petitioner and as he had tortured her, the petitioner had filed a petition for dissolution of marriage, in HMOP.No.47 of 2005, on the file of the Subordinate Court, Kallakurichi. Whileso, the respondent had filed HMOP.No.72 of 2009, on the file of the Principal Subordinate Court, Cuddalore, for restitution of conjugal rights. 3. The learned counsel appearing on behalf of the petitioner had submitted that the petitioner, as well as the respondent, are hailing from Chinna Salem, near Kallakurichi. Since, the petitioner is living alone, at Kallakurichi, it would be difficult for her to attend the hearings before the Subordinate Court, Cuddalore, in HMOP.No.72 of 2009, filed by the respondent. Further, it is stated that she has no male member in her family, to accompany her during her visits to attend the hearings before the Subordinate Court, Cuddalore, in HMOP.No.72 of 2009. https://hcservices.ecourts.gov.in/hcservices/ 4. There is no appearance on behalf of the respondent. No counter affidavit has been filed on behalf of the respondent. 5. In view of the averments made on behalf of the learned counsel appearing for the petitioner, H.M.O.P.No.72 of 2009, pending on the file of the Principal Subordinate Court, Cuddalore, is withdrawn and transferred to the Subordinate Court, Kallakurichi, to be tried along with H.M.O.P.No.47 of 2009. 6. The Transfer Civil Miscellaneous Petition is ordered accordingly. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar tsh To 1.The Subordinate Court, Kallakurichi. 2.The Subordinate Court, Cuddalore. 1 cc To Mr.M.R.Sivakumar, Advocate, SR.24396. Tr.CMP.No.515 of 2009 KJI(CO) RVL 26.04.2010 https://hcservices.ecourts.gov.in/hcservices/