1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P.(MD).No.207 of 2011 and M.P(MD)No.1 of 2011 Anusiya .. Petitioner -Vs- Satheesh .. Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, praying to withdraw the case in H.M.O.P.No.29 of 2011 from the file of the Subordinate Court, Perambalur and transfer to the file of Subordinate Court, Trichy Camp Court at Thuraiyur. For Petitioner : Mr.PT.S.Narendravasan For Respondent : No appearance O R D E R The respondent herein was served with the notice. However, he has not chosen to appear. The Registry was also directed to verify as to whether any learned counsel has entered appearance on behalf of the respondent. The Registry has accordingly verified and reported that no counsel has entered appearance on behalf of the respondent. 2.The Court has heard Mr.PT.S.Narendravasan, learned Counsel appearing for the petitioner. 3.This Court has also perused the averments of the affidavit filed in support of this petition. Having taken into consideration of the related facts and circumstances and on considering the submissions made by the learned Counsel for the petitioner there is no other go for this Court excepting to dispose this petition on merits in the absence of the respondent. 4.The petition is preferred under Section 24 of the Code of Civil Procedure, seeking a relief of withdrawal of proceeding in H.M.O.P.No.29 of 2011 from the file of learned Subordinate Judge, Parambalur and transfer the same to the file of Subordinate Court, Trichy Camp Court at Thuraiyur to be tried along with the petition in H.M.O.P.No.44 of 2011. 5.The respondent herein is a driver by profession. It is alleged by the petitioner in her affidavit that the respondent with the help of some rowdy elements had forcibly kidnapped her on 26.03.2010 with an intention to marry her and accordingly she was forced to marry the respondent on the same date itself under threat and coercion. After marriage, the respondent had forcibly taken the petitioner to his parents house and that the petitioner had been staying there for some days and thereafter she had left the house of the respondent and is now residing at Nagalapuram, Thuraiyur. https://hcservices.ecourts.gov.in/hcservices/ 2 6.When the matter stood thus, the petitioner had chosen to file a petition in H.M.O.P.No.44 of 2011 on the file of the Subordinate Court, Trichy Camp Court at Thuriyur against the respondent seeking a relief of declaration that the marriage held on 26.03.2010 between the petitioner and the respondent as null and void. The respondent has also filed another petition in H.M.O.P.No.29 of 2011 on the file of Subordinate Court, Parambalur against this petitioner for the relief of restitution of conjugal rights as if the valid marriage was solemnized on 26.03.2010 which according to the petitioner is not valid under law. Now, the petitioner has approached this Court with this petition seeking relief as afore stated. 7.On perusal of the averments made in the affidavit filed in support of this petition and on considering the submission made by the learned Counsel for the petitioner, this Court is of the considered view that there is some force in the contention made by the petitioner and accordingly this Court is inclined to allow this petition as prayed for. 8.Accordingly, the petition is allowed and the petition in H.M.O.P.No.29 of 2011 is ordered to be withdrawn from the file of Subordinate Court, Parambalur and transferred to the file of Subordinate Court, Trichy Camp Court at Thuraiyur to be tried along with H.M.O.P.No.44 of 2011. The learned Subordinate Judge, Parambalur is directed to transmit the records pertaining to H.M.O.P.No.29 of 2011 to the file of the Subordinate Court, Trichy Camp Court at Thuraiyur within a period of three weeks from the date of receipt of a copy of this order and the learned Subordinate Judge, Trichy Camp Court at Thuraiyur is also directed to dispose both the matters simultaneously as expeditiously as possible. Consequently, the connected miscellaneous petition is closed. There is no order as to costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Subordinate Judge,Perambalur. 2.The Subordinate Judge, Trichy Camp Court at Thuraiyur. +1cc to Mr.P.T.S.Narendravasan, Advocate, Sr.No.37300 Tr.C.M.P.(MD).No.207 of 2011 31.10.2011 skn SMA/16.11.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/