IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 30-03-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN TR.CMP.No.336 of 2009 Mrs.Bama ... Petitioner Versus A.Thangaraj ... Respondent Prayer: Petition has been filed Under Section 24 of the Code of Civil Procedure code to withdraw the case in O.P.No.3388 of 2008 on the file of the I Additional Family Court, Madras and transfer the same to Family Court, Madurai for disposal. For Petitioner : Mr.Y.Prakash For Respondent : Mr.N.Sankaravadivel O R D E R This Transfer Civil Miscellaneous Petition has been filed, praying that this Court may be pleased to withdraw O.P.No.3388 of 2008, pending on the file of the I Additional Family Court, Chennai and to transfer the same to the Family Court, Madurai. 2.It has been stated that the marriage between the petitioner and the respondent was solemnized, on 08.04.2001, at Madurai. The respondent is a Software Engineer, employed at Bangalore. After the marriage, the petitioner and the respondent were living together in their matrimonial home, in Annanagar East, Chennai. The respondent was working, at Chennai, at that point of time. Whileso, the respondent had started ill treating the petitioner. He had taken the petitioner and left her with her parents, at Madurai. Whileso, the respondent had sent a legal notice to the respondent seeking divorce. Thereafter,he had filed O.P.No.3388 of 2008, before the I Additional Family Court, Chennai, for divorce. Since, the petitioner is living with her aged parents, at Madurai, she is not in a position to travel to Chennai, without male company, to attend the hearings, in O.P.No.3388 of 2008, before the I Additional Family Court, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 3. In the counter affidavit filed on behalf of the respondent, the averments made by the petitioner had been denied. It has been stated that the petitioner had travelled from Madurai to Chidambaram, recently and that she had stayed there to write her Distance Education examinations, conducted by the Annamalai University. Therefore the claim that it is difficult for the petitioner to travel, from Madurai to Chennai cannot be accepted. Further, the transport facilities between Madurai and Chennai are very good and therefore, the petitioner cannot claim that it is difficult to travel to Chennai, to attend the hearings before the I Additional Family Court, in O.P.No.3388 of 2008. 4.In view of the averments made on behalf of the petitioner, as well as the respondent and in view of the submissions made by the learned counsels appearing on behalf of the parties concerned, this Court finds it appropriate to withdraw O.P.No.3388 of 2008, from the file of the I Additional Family Court, Chennai and to transfer the same to the Family Court, Madurai. After the Original Petition, in O.P.No.3388 of 2008, is transferred to the Family Court, Madurai and renumbered, the learned Judge of the Family Court, Madurai, shall hear and dispose of the same, as expeditiously as possible, not later than eight months thereafter. This Transfer Civil Miscellanous Petition is ordered accordingly. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. arr To 1.The I Additional Family Court, Madras 2.The Family Court, Madurai 1 cc to Mr.Y. Prakash, Advocate, SR. 21148 1 cc to Mr.N. Sankaravadivel, Advocate, SR. 20976 TR.CMP.No.336 of 2009 KGK (CO) kk 27/4 https://hcservices.ecourts.gov.in/hcservices/