IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-03-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.No.428 of 2009 and M.P.No.1 of 2009 S.Shanmuga Sundari .. Petitioner. Versus U.Selvakumar .. Respondent. PRAYER: Petition filed under Section 24 of the Civil Procedure Code, 1908, seeking to withdraw the H.M.O.P.No.659 of 2009, pending on the file of the Family Court, Coimbatore and transfer the same to the Subordinate Court, Tuticorin. For Petitioner : Mr.R.Bharath Kumar For Respondent: No Appearance O R D E R This transfer civil miscellaneous petition has been filed praying that this Court may be pleased to withdraw H.M.O.P.No.659 of 2009, pending on the file of the Family Court, Coimbatore and to transfer the same to the Subordinate Court, Tuticorin. 2. It has been stated that the marriage between the petitioner and the respondent was solemnised, as per the Hindu rites and customs, on 1.5.2000, at Mela Koottidankadu, Tuticorin District. A male child was born to the petitioner out of the wedlock, on 26.5.2002. Thereafter, in the year, 2003, the respondent had shifted the matrimonial home to No.10/69, Anna Street, Seernaickenpalayam, Coimbatore, where the petitioner and the respondent had lived, for nearly three years. Thereafter, the respondent had moved to the State of West Bengal, in the year, 2006. 3. It has been further stated that the respondent had started ill-treating the petitioner using filthy language. He had also attacked her physically, on many occasions. Since the petitioner could not tolerate the cruel acts of the respondent, she had started to live at Mela Koottidankadu, along with the minor child. While so, the respondent had filed H.M.O.P.No.659 of 2009, before https://hcservices.ecourts.gov.in/hcservices/ the Family Court, Coimbatore, for divorce, on the ground of cruelty. 4. The petitioner has stated that her minor son is studying in 3rd standard, at Tuticorin. There is no male member to accompany her when she is travelling to Coimbatore, to attend the hearings in H.M.O.P.No.659 of 2009. The respondent, using his muscle and money power, is threatening the petitioner and her minor son. In such circumstances, the petitioner has preferred the present transfer civil miscellaneous petition before this Court, under Article 227 of the Constitution of India. 5. This Court, by an order, dated 28.10.2009, had directed service of notice on the respondent. A notice had been sent to respondent at the address furnished in H.M.O.P.No.659 of 2009. Since, the envelope had been returned with the endorsement `No such addressee', this Court, by an order, dated 3.2.2010, had directed issuance of notice, by publication in the Tamil daily, `Malai Malar'. After the publication of the notice in the Tamil daily `Malai Malar', as directed by this Court, the name of the respondent had been printed in the Court cause list. However, there is no appearance on behalf of the respondent, either in person or through a counsel. Hence, the transfer civil miscellaneous petition is allowed, as prayed for by the petitioner. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. csh To 1. The Presiding Officer Family Court, Coimbatore 2. The Sub Judge, Tuticorin. 1 cc to Mr.R. Bharatkumar, Advocate, Sr. 21368 Tr.C.M.P.No.428 of 2009 NM (CO) kk 18/5 https://hcservices.ecourts.gov.in/hcservices/