1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P (MD)No.250 of 2011 and M.P (MD) No.1 of 2011 N.Nathiya ... Petitioner -Vs- B.Nagaraj ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw the case in HMOP No.144 of 2010 from the file of the Family Court, Madurai and transfer the same to the file of the Sub-Court, Karur. For Petitioner : Mr.B.Saravanan For Respondent : Ms.P.Malini O R D E R After invoking the proviso to section 24 of the Code of Civil Procedure, 1908, the petitioner being the wife of the respondent has filed this petition, seeking the relief of withdrawal of the proceedings in H.M.O.P.No.144 of 2010 from the file of the Family Court, Madurai and transfer to the file of the Sub-Court, Karur and dispose the same in accordance with law. 2. It appears from the averments of the affidavit filed in support of the petition that the petitioner had already lodged a complaint on the file of the All Women Police Station, Karur and based on the complaint, a case in Crime No.8 of 2008 was registered under Section 498(A) I.P.C and under Section 4 of the Dowry Prohibition Act. After the completion of investigation, a charge-sheet was also filed and the learned Judicial Magistrate No.I, Karur had taken cognizance of the offence and taken the case on file in C.C.No.132 of 2010. In the said case, the respondent has been appearing on all hearings. 3. It also appears that the respondent has filed a petition in H.M.O.P.No.144 of 2010 on the file of the Family Court, Madurai for divorce. 4. Under this circumstance, the petitioner has come forward with this petition, seeking the relief of withdrawal of the proceedings in H.M.O.P.No.144 of 2010 from the file of the Family Court, Madurai and to transfer to the file of the Sub Court, Karur. 5. Heard Mr.B.Saravanan, learned Counsel for the petitioner and Ms.P.Malini, learned Counsel for the respondent. 6. Having been satisfied with the reasons assigned in the affidavit filed in support of the petition and on considering the submissions made on behalf of both sides, this Court finds that it may be expedient in the interest of justice, that the petition in H.M.O.P.No.144 of 2010, may be withdrawn from the file of the Family Court, Madurai and transfer to the file of the Sub Court, Madurai. 7. Accordingly, the petition is allowed and the proceedings in H.M.O.P.No.144 of 2010 is ordered to be withdrawn from the file of the Family Court, Madurai and transferred to the file of the Sub-Court, Karur https://hcservices.ecourts.gov.in/hcservices/ 2 to dispose of the same in accordance with law. The learned Subordinate Judge, Karur is directed to dispose of this petition within a period of three months without cause of further time and the learned Subordinate Judge, Karur, is directed to report the fact of disposal of the petition to the Registry of this Court without fail. Consequently, connected miscellaneous petition is also closed. There is no order as to costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1. The Judge, The Family Court, Madurai. 2. The Subordinate Judge, Karur. Copy to The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. Tr.C.M.P(MD)No.250 of 2011 22.12.2011 ps psk/03.05.2012/2P/4C https://hcservices.ecourts.gov.in/hcservices/