1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P.(MD).Nos.255 and 256 of 2011 and M.P(MD)Nos.1 and 1 of 2011 Jesu Vedha Nayahi .. Petitioner in both petitions -Vs- Lawrence Jeya Kumar .. Respondent in both petitions PRAYER: Transfer Civil Miscellaneous Petitions are filed under Section 24 of the Code of Civil Procedure, praying to withdraw the proceedings in I.D.O.P.No.388 of 2010 and G.W.O.P.No.99 of 2011 from the file of the Principal District Court, Kanyakumari District at Nagercoil and transfer to the file of Principal District Court, Tirunelveli. For Petitioner in both petitions : Mr.S.Siva Thilakar For Respondent in both petitions : Mr.S.Sivakumar O R D E R Both the Transfer Miscellaneous Petitions, viz., Tr.C.M.P(MD)Nos.255 and 256 of 2011 have been filed by the petitioner under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in IDOP No.388 of 2010 as well as GWOP No.99 of 2011 from the file of the Principal District Judge, Kanyakumar District at Nagercoil, to the file of the Principal District Judge, Tirunelveli, for disposing the same in accordance with law. 2.The petitioner and the respondent herein are the husband and wife. On account of misunderstanding between them, they have been living separately. Out of their wedlock, the petitioner begotten one male child and now, he is aged about 6-½ years and presently he is in the custody of the petitioner. 3.The petition in IDOP NO.388 of 2010 appears to have been filed by the petitioner for divorce on account of cruelty. Whereas, the GWOP No.99 of 2011 seems to have been filed by the respondent seeking the relief of appointing him as guardian to the minor child. Both the petitions are now pending on the file of the learned Principal District Judge, Kanyakumari District at Nagercoil. 4.The respondent has filed common counter. In paragraph 13 of the common counter, he has stated that while agreeing for the withdrawal of the proceedings in IDOP No.388 of 2010 and GWOP No.99 of 2011 from the file of the learned Principal District Judge, Kanyakumari District at Nagercoil, and transfer to the file of the learned Principal District Judge, Tirunelveli, he has urged that the petitioner be directed to produce the minor child before the concerned trial Court for every hearing and he may be allowed to meet the minor child for at least one hour in the Court premises without the interference of the petitioner or their family members. 5.It is manifested from the records that the respondent has no objection to withdraw and transfer the above said two proceedings. https://hcservices.ecourts.gov.in/hcservices/ 2 However, he has contended that the petitioner may be directed to produce the child for each and every hearing, for his visitation. 6.Insofar as this contention is concerned, this Court is of considered view that it may not be possible to bring the child to the trial Court for each and every hearing. In the alternative, this Court is of the opinion that the petitioner may be directed to produce the child on the next hearing date and for the rest of the hearing, necessary direction may be sought from the learned trial Judge. 7.Considering the averments made in the affidavit filed is support of these petitions and the common counter affidavit filed by the respondent, this Court finds that the proceedings in IDOP No.388 of 2010 and GWOP No.99 of 2010 may be ordered to be withdrawn from the file of the learned Principal District Judge, Kanyakumari District at Nagercoil and transferred to the file of learned Principal District Judge, Tirunelveli. 8.Accordingly, these petitions are allowed and the proceedings in IDOP No.388 of 2010 and GWOP No.99 of 2010 are ordered to be withdrawn from the file of the learned Principal District Judge, Kanyakumari District at Nagercoil and transferred to the file of learned Principal District Judge, Tirunelveli for disposal in accordance with law. 9.The learned Principal District Judge, Kanyakumari District at Nagercoil, is directed to transmit the records pertaining to IDOP No.388 of 2010 and GWOP No.99 of 2010 to the file of the learned Principal District Judge, Tirunelveli, within a period of three weeks from the date of receipt of a copy of this order. After receipt of the records, the learned Principal District Judge, Tirunelveli, is directed to dispose of these petitions simultaneously, within a period of six months thereafter, under intimation to this Court, without any loss of further time, after giving notice to both the parties, so as to enable them to make their presence for projecting their respective cases. In the meanwhile, there shall be a direction to the petitioner herein to produce the child before the learned Principal District Judge, Tirunelveli, on the next hearing date and on such production, the respondent is permitted to see the child without any hindrance the petitioner. In the result, these petitions are allowed, as afore stated. Consequently, the connected miscellaneous petitions are closed. There is no order as to costs. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar(C.S) To 1.The Principal District Judge, Kanyakumari at Nagercoil. 2.The Principal District Judge, Tirunelveli. +1. CC to Mr.S.Sivathilakar, Advocate, SR.No. 42138 +1. CC to Mr.S.Sivakumar, Advocate, SR.No. 42594 skn Tr.C.M.P.(MD).Nos.255 & 256 of 2011 30.11.2011 TR : 02.12.2011: 2P/5C : IT https://hcservices.ecourts.gov.in/hcservices/