1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2011 CORAM: THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI Tr.C.M.P(MD)No.17 Of 2011 and M.P.(MD)No.1 Of 2011 M.Kasthoori ..Petitioner .vs. James @ Prabhakaran ..Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil procedure Code, to withdraw and transfer H.M.O.PNo.272 of 2010 from the file of the Sub-Court, Tuticorin to the file of the Sub-Court, Kancheepuram. For Petitioner :M/s.A.Padmanabha Rao For Respondent :No appearance O R D E R The learned counsel for the petitioner/wife is present and is heard. No representation is made on behalf of the respondent/husband, though duly served with noice in this Transfer Civil Miscellaneous Petition. 2. The petitioner/wife is seeking transfer of H.M.O.P.No. 272 of 2010 filed for divorce by the respondent/husband pending on the file of the Subordinate Court, Tuticorin on the ground that the petitioner/wife has been, after her separation from her husband/respondent herein, residing at Kancheepuram under the custody of her aged father, who is immobilised due to leg fracture and the petitioner is left with no one to support her except her aged father and has no source of income to undertake travel up and down for every hearing at Tuticorin which situated at a distance of nearly 500 Kms from Kancheepuram, which is her present place of residence. 3. The respondent/husband has not chosen to appear and deny such contentions raised on her side. The respondent has not chosen to come and express any prejudice on his part in the event of transfer as sought for herein being ordered. Hence, this Court is inclined to order the transfer as prayed for in this Transfer Civil Miscellaneous Petition. 4. In the result, the Transfer Civil Miscellaneous Petition is ordered and H.M.O.P.No.272 of 2010 pending on the file of the Subordinate Court, Tuticorin is withdrawn and transferred to Subordiante Court, Kancheepuram, for disposal, as per law. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 2 To 1. The Subordinate Judge, Tuticorin 2. The Subordinate Judge, Kancheepuram. +1CC TO MR.N.A.PADMANABHARAO, ADVOCATE SR.12351 Vsn SR : 11.04.2011 : 2p/4c Tr.C.M.P(MD)NO.17 of 2011 31.03.2011 https://hcservices.ecourts.gov.in/hcservices/