1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P(MD).No.196 of 2011 and M.P (MD) No.1 of 2011 Dominic Xavier .. Petitioner -Vs- J.Hemalatha .. Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw and transfer I.D.O.P.No.3925 of 2010 filed by the respondent pending on the file of the Family Court, Chennai to Principal District Judge, Trichy to try along with I.D.O.P.No.84 of 2010. For Petitioner : Mr.P.Arun Jayatram For Respondent : No appearance ORDER Invoking the proviso to Section 24 of Civil Procedure Code, the petitioner has preferred this petition seeking the relief of withdrawal of the proceedings in I.D.O.P.No.3925 of 2010 from the file of Principal Family Court, Chennai and transfer to the file of Principal District Judge, Trichy to try along with I.D.O.P.No.84 of 2010. 2. The petitioner herein is the husband of the respondent. Their marriage was solemnized on 22.05.2003 at St.Joseph's Church, Ervadi, Tirunelveli District. Soon after their marriage, the respondent often ill treated and abused the petitioner and thereby caused mental cruelty to the petitioner. The respondent had been insisting the petitioner for separate family, for which, he had refused. On account of this reason, the respondent had voluntarily left the matrimonial home and gone to her parents house at Valliyoor and stayed there for about eight months. The petitioner with the help of his relatives and elders had taken several steps to bring back the respondent to the matrimonial home, but all the efforts were ended in futile. 3. Now the respondent is residing at Virugambakkam, Chennai. In these circumstances, the petitioner herein has filed a petition in I.D.O.P.No.84 of 2010 on the file of the learned Principal District Judge, Trichy seeking the relief of restitution of conjugal rights. In order to counter blast the above said petition, the respondent has also filed an another petition in I.D.O.P.No.3925 of 2010, on the https://hcservices.ecourts.gov.in/hcservices/ 2 file of the learned Principal Family Court, Chennai seeking the same relief of restitution of conjugal rights. Now the petitioner has approached this Court with this petition seeking the relief of withdrawal of I.D.O.P.No.3925 of 2010 from the file of the Principal Family Court, Chennai and transfer to the file of Principal District Judge, Trichy to try along with the petition in I.D.O.P.No.84 of 2010. 4.Notice was duly served to the respondent. When the petition came up for hearing for the first time on 1.11.2011, this Court has directed the Registry to verify the records and to find out as to whether any learned counsel has entered appearance for the respondent. Accordingly, the Registry has also verified and endorsed saying that no counsel has entered appearance on behalf of the respondent. 5.This Court has heard Mr.P.Arun Jayatram, learned counsel appearing for the petitioner. On perusal of the averments of the affidavit filed in support of the petition and having been satisfied, with the submissions made by the learned counsel for the petitioner, this Court is inclined to allow this petition as prayed for. 6.Accordingly, this petition is allowed and the petition filed in I.D.O.P.No.3925 of 2010 is ordered to be withdrawn from the file of Principal Family Court, Chennai and transferred to the file of Principal District Judge, Trichy to be tried along with I.D.O.P.No.84 of 2010. The learned Principal Family Judge, Chennai is hereby directed to transmit the records relating to I.D.O.P.No.3925 of 2010 within a stipulated period of three weeks from the date of receipt of a copy of this order to the file of the learned Principal District Judge, Trichy. On receipt of the records, the learned Principal District Judge, Trichy is directed to club the petition in I.D.O.P.No.3925 of 2010 along with I.D.O.P.No.84 of 2010 and dispose these two petitions as expeditiously as possible. There is no order as to costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar am To 1. The Principal District Judge, Trichy. 2. The Judge, Principal Family Court, Chennai. +1cc to Mr.P.Arun Jayatram, Advocate, Sr.No.38241 Tr.C.M.P(MD).No.196 of 2011 and M.P (MD) No.1 of 2011 04.11.2011 SMA/16.11.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/