IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 13.04.2010 Coram The Honourable Mr.Justice M.Jaichandren TR.CMP.No.16 of 2010 & M.P.No.1 of 2010 Mrs.V.Dhanalakshmi ... Petitioner Vs. Mr.S.Vanidhasan Nayakkan ... Respondent Prayer: Petition has been filed Under Section 24 of the Code of Civil Procedure code to withdraw H.M.O.P.No.17 of 2009, on the file of the Court of Sub Court, Nagapattinam and transfer the same to Sub Court, Tambaram, Chennai. For Petitioner : Ms.S.Thilagavathi For Respondent : No appearance 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.17 of 2009, on the file of the Subordinate Court, Nagapattinam and to transfer the same to the Subordinate Court, Tambaram, Chennai. 2. It has been stated that the marriage between the petitioner and the respondent was solemnized, on 07.05.1999, according to the Hindu rites and customs. Due to wedlock, a female child was born, on 05.09.2002. Whileso, it was found that the respondent had already married another women, before he married the petitioner and that he has three children out of the first marriage. The respondent also had an illegal relationship with one Susila. When the petitioner had questioned about his illegal relationship with Susila, the respondent had assaulted the petitioner, physically and had thrown her out of the house, during the night time, on 30.04.2008. Thereafter, the petitioner has been living in her parents house. 3.It has been further stated that the respondent is working in Madras Refinery Limited and earning a monthly salary of Rs.7,000/- . He is also drawing a sum of Rs.6000/-, as pension, as he was in the military service. It has also been stated that the respondent is also doing finance business, at Nagapattinam, from which he is earning a monthly income of Rs.20,000/-. Further, he is earning a substantial sum through agriculture. However, he is not supporting the petitioner and his minor child. The petitioner does not have any https://hcservices.ecourts.gov.in/hcservices/ independent source of income to take care of her daily needs and to maintain the minor child. Whileso, the respondent had filed H.M.O.P.No.17 of 2009, on the file of the Subordinate Court, Nagapattinam, for restitution of conjugal rights. Since, the petitioner has no income of her own and as she finds it extremely difficult to attend the hearings, in H.M.O.P.No.17 of 2009, along with her minor girl child, she has preferred the present Transfer Civil Miscellaneous Petition before this Court, under Article 227 of the constitution of India. 4.There is no appearance on behalf of the respondent and no counter affidavit has been filed on behalf of the respondent. 5.In view of the affidavit filed in support of the petition, H.M.O.P.No.17 of 2009, pending on the file of Subordinate Court, Nagappatinam, is withdrawn and transferred to the Subordinate Court, at Tambaram, as prayed for by the petitioner, in the present Transfer Civil Miscellaneous Petition. This Transfer Civil Miscellaneous Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar arr To 1.The Subordinate Judge,Nagapattinam 2.The Subordinate Judge, Tambaram, Chennai. + 1 cc to Mrs.S.Thilagavathi,Advocate,SR.24373 TR.CMP.No.16 of 2010 KSJ(CO) EM/13.5.10 https://hcservices.ecourts.gov.in/hcservices/