IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.No.379 of 2008 Sivagami Sundari .. Petitioner. Versus Murugananthan .. Respondent. PRAYER: Petition filed under Section 24 of the Civil Procedure Code, 1908, seeking to withdraw the petition in H.M.O.P.No.37 of 2008, from the file of the Subordinate Court, Ramanathapuram and transfer the same to the Family Court, Coimbatore. For Petitioner : Mr.K.Kalyanasundaram For Respondent: Mr.P.Chandrasekaran 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.37 of 2008, from the file of the Subordinate Court, Ramanathapuram, and to transfer the same to the Family Court, Coimbatore. 2. It has been stated that the marriage between the petitioner and the respondent had taken place, on 19.6.1997, as per Hindu rites and customs, at Coimbatore. Thereafter, the respondent had left the petitioner to join duty at Goa, as he is in the military service. A male child was born to the petitioner, out of the wedlock, on 12.3.1998. Thereafter, the respondent had started ill-treating the petitioner, as he had no affection for the petitioner and her minor child. 3. While so, the respondent had filed an original petition, in H.M.O.P.No.53 of 2000, before the Subordinate Court, Mettur, for divorce. Since, the respondent did not appear in the said proceedings H.M.O.P.No.53 of 2000, had been dismissed, for default, on 21.11.2001. However, the respondent had filed a petition, in H.M.O.P.No.37 of 2008, before the Subordinate Court, Ramanathapuram, for divorce, only with the mala fide intention of harassing the petitioner. 4. It has also been stated that the petitioner's father had died and her mother is handicapped. The petitioner is employed and her https://hcservices.ecourts.gov.in/hcservices/ minor son is studying in A.L.G. Matriculation School, at Coimbatore. The petitioner has no independent source of income. Therefore, the petitioner finds it extremely difficult to travel to Ramanathapuram, from Coimbatore, without any male member available to accompany her to attend the hearings, in H.M.O.P.No.37 of 2008, before the Subordinate Court, Ramanathapuram. In such circumstances, the petitioner has preferred the transfer civil miscellaneous petition before this Court, under Article 227 of the Constitution of India. 5. No counter has been filed on behalf of the respondent. The learned counsel appearing for the respondent has no objection for this Court passing an order allowing the transfer civil miscellaneous petition filed by the petitioner. 6. In such circumstances, H.M.O.P.No.37 of 2008, is withdrawn from the file of the Subordinate Court, Ramanathapuram, and transferred to the Family Court, Coimbatore, as prayed for by the petitioner, in the Transfer Civil Miscellaneous Petition. 7. However, after the original petition is transferred to the Family Court, Coimbatore and re-numbered, it shall be heard and disposed of, on merits and in accordance with law, as expeditiously as possible, not later than eight months thereafter. Since, it is stated that the respondent is employed in the Indian Army, the Family Court, Coimbatore, is directed to dispense with the personal appearance of the respondent, until his personal appearance is found to be necessary, during the trial in the original petition. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar csh To 1. The Subordinate Judge, Ramanathapuram 2. The Family Court, Coimbatore 1 cc To M/s.K.Kalyanasundaram, Advocate, SR.22092 1 cc To Mr.P.Chandrasekaran, Advocate, SR.22135 Tr.C.M.P.No.379 of 2008 KJ(CO) sra 27/04/2010 https://hcservices.ecourts.gov.in/hcservices/