1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM Tr CMP (MD)No.169 of 2011 and MP(MD)No.1 of 2011 Ramalakshmi .. Petitioner/Respondent Vs. Annadurai .. Respondent/Petitioner Transfer Civil Miscellaneous Petition filed under section 24 of CPC to withdraw and transfer HMOP No.51 of 2010 from the file of Sub Court, Thoothukudi to the file of Sub Court, Tirunelveli. For Petitioner : Mr.P.Samuel Gunasingh For Respondent : Mr.A.Thiruvadikumar ORDER This Transfer Civil Miscellaneous Petition has been filed under section 24 of the Code of Civil Procedure, 1908 praying to withdraw and transfer HMOP No.51 of 2010 from the file of Sub Court, Thoothukudi to the file of Sub Court, Tirunelveli. 2. It is stated in the petition that the respondent is the husband of the petitioner and he filed HMOP No.51 of 2010 on the file of the Sub Court, Thoothukudi praying to get an order of divorce and further it is stated in the petition that the petitioner is living in Palayankottai, Tirunelveli District and also having two children of tender age. Under the said circumstances, she is not in a position to go to Thoothukudi so as to make her appearance in HMOP No.51 of 2010 and therefore, the present petition has been filed for getting the relief sought for therein. 3. The learned counsel appearing for the petitioner has simply reiterated the reasons given in the petition. 4. The learned counsel appearing for the respondent has contended that the reason given in the petition is not sufficient to transfer HMOP No.51 of 2010 from the file of Sub Court, Thoohukudi to the file of any Court in Tirunelveli District and therefore, the present petition deserves to be dismissed. 5. It is an admitted fact that the respondent is the husband of the petitioner and he filed HMOP No.51 of 2010 on the file of Sub court, Thoothukudi for the relief of divorce. On the side of the petitioner it has been stated that she is having two children of tender age and also residing at Palayankottai, Tirunelveli District. 6. Considering the fact that the petitioner is having two children of tender age and also living in Palayankottai, this Court is of the view to transfer HMOP No.51 of 2010 from the file of Sub Court, Thoohukudi to the file of Sub Court, Tirunelveli. https://hcservices.ecourts.gov.in/hcservices/ 2 7. In fine, this petition is allowed without cost and HMOP No.51 of 2010 is ordered to be withdrawn and transferred from the file of Sub Court, Thoothukudi to the file of Sub Court, Tirunelveli. Connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Subordinate Judge, Thoothukudi. 2.The Subordinate Judge, Tirunelveli. Mj SR : 08.8.2011 : 2p/3c Tr CMP (MD)No.169 of 2011 26.07.2011 https://hcservices.ecourts.gov.in/hcservices/