1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T. MATHIVANAN Tr.C.M.P.(MD)No.220 of 2011 and M.P.(MD)No.1 of 2011 V.Suguna : Petitioner/Respondent Vs. A.Chakkaravarthi : Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under section 24 of the Code of Civil Procedure, praying to withdraw the petition in HMOP No.66 of 2010 from the file of the Subordinate Court, Kanchipuram and transfer the same to the file of the Principal Subordinate Court, Tirunelveli. For Petitioner : Mr.H.Arumugam For Respondent : No appearance O R D E R Invoking the proviso to section 24 of the Civil Procedure Code, this petition is preferred by the petitioner to withdraw the petition in HMOP No.66 of 2010 from the file of the learned Subordinate Court, Kanchipuram and transfer the same to the file of the learned Principal Subordinate Court, Tirunelveli, for disposal in accordance with law. 2.The petitioner herein is the wife of the respondent. On account of development of strained relationship between them, the petitioner has been living separately along with her daughter. The respondent has filed a petition in HMOP No.66 of 2010 seeking the relief of divorce on the file of the learned Subordinate Court, Kanchipuram. After inviting the counter from the petitioner, there is no progress in the above said petition. The petitioner has been working at Palayamkottai and residing there along with her daughter. Hence, she has come forward with this petition seeking for withdrawal of the petition in HMOP No.66 of 2010 from the file of the learned Subordinate Court, Kanchipuram and to transfer the same to the file of the learned Principal Subordinate Court, Tirunelveli. 3.The respondent has been served with the notice. However, he has not chosen to appear in this court, either in person or through his counsel. In this circumstance, there is no other go for this court, excepting to dispose this petition on merit, in the absence of the respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Heard Mr.H.Arumugam, the learned counsel for the petitioner. This court has carefully perused the affidavit filed in support of the petition. 5.Keeping in view of the related facts and circumstances set-forth in the affidavit and on considering the affidavit filed on behalf of the petitioner, this court is inclined to allow this petition. 6.Accordingly, this petition is allowed and the petition in HMOP No.66 of 2010 is ordered to be withdrawn from the file of the learned Subordinate Court, Kanchipuram and transferred the same to the file of the learned Principal Subordinate Court, Tirunelveli. The learned Subordinate Judge, Kanchipuram, is directed to transfer the case records relating to the petition in HMOP No.66 of 2010 to the file of the learned Principal Subordinate Judge, Tirunelveli, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the case records, the learned Principal Subordinate Judge, Tirunelveli, is directed to dispose the petition in HMOP No.66 of 2010 as expeditiously as possible. 7.Consequently, connected Miscellaneous Petition is closed. There is no order as to costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Subordinate Judge, Kanchipuram. 2.The Principal Subordinate Judge, Tirunelveli. Order in Tr.C.M.P.(MD) No.220 of 2011 20.10.2011 er RJ/14.11.11 2p/3c https://hcservices.ecourts.gov.in/hcservices/