IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 23.10.2008 Coram The Honourable Mr.Justice M.VENUGOPAL Tr.C.M.P.No.271 of 2008 and M.P.No.1 of 2008 M.Radhiga ... Petitioner/Respondent Vs. S.Duraisamy ... Respondent/Petitioner This Transfer Civil Miscellaneous petition has been filed under Section.24 of CPC to withdraw H.M. O.P.42 of 2008 on the file of the Sub Court, Ranipet and transfer the same to the file of the II Additional Family Court, Chennai along with M.C.No.102 of 2008. For Petitioner : Mr.L.Vijayan For respondent : Mr.S.Krishnasamy O R D E R The petitioner/wife has filed this transfer civil miscellaneous petition praying this Court to withdraw H.M.O.P.No.42 of 2008 from the file of the Sub Court, Ranipet and to transfer the same to the II Additional Family Court, Chennai along with M.C.No.102 of 2008. 2. The grievance of the revision petitioner/wife is that being a women, she is unable to come over to Ranipet in connection with the hearing of H.M.O.P.No.42 of 2008 on the file of the Sub Court, Ranipet filed by the respondent/husband for restitution of conjugal rights and that she has no job and no other source of income to spend the amount for travelling expenses and also Court expenses. Admittedly, the petitioner/wife has filed M.C.No.102 of 2008 on the file of the II Additional Family Court, Chennai for maintenance. According to the petitioner/wife, she is staying with her parents at Vyasarpadi, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 3. The stand of the respondent/husband is that he is working as an operator in Hindustan Motors, Thiruvallur and that he is suffering from Tuberclosis and he is getting medical reimbursement facilities in his company and that the petitioner/wife without joining him has filed maintenance case in M.C.No.102 of 2008 before II Additional Family Court, Chennai and that he is interested in living with the petitioner /wife but she has not shown any interest in living with him and the respondent/husband has to seek leave for attending every hearing of the case ,if the case is transferred, and the petitioner/wife can very well attend H.M.O.P.No.102 of 2008 pending on the file of Sub Court, Ranipet and she could also be represented by her counsel and that no prejudice or hardship will be caused to the petitioner and that there is no merit in the transfer civil miscellaneous petition. 4.It appears that out of two children, one child has died. The petitioner/wife being a women and according to her, she has no job and no source of income to spend any amount for travelling expenses and also court expenses. Per contra, the respondent/husband is in a better placement and that he is employed in Hindustan Motors as an operator. 5. It is true that the respondent/husband has filed H.M.O.P.No.42 of 2008 on the file of Sub Court, Ranipet praying for the relief of restitution of conjugal rights. It is not in dispute that the petitioner/wife has filed M.C.No.102 of 2008 on the file of II Additional Family Court, Chennai. 6. Considering the respective contentions put forward on either side, this Court is of the considered view that the convenience of the petitioner/wife has to be taken into account more concretely and bearing this in mind, this Court allows this transfer Civil Miscellaneous Petition in the interest of justice. On the other hand,this Court opines that no prejudice will be caused to the respondent/husband, if H.M.O.P.No.42 of 2008 filed by the respondent/husband is transferred from the file of Sub Court, Ranipet to II Additional Family Court, Chennai where the petitioner/wife has filed M.C.No.102 of 2008. 7.In fine, this transfer Civil Miscellaneous Petition is allowed. No costs. Connected M.P.No.1 of 2008 is closed. H.M.O.P.No.42 of 2008 on the file of Sub Court, Ranipet filed by the respondent/husband is ordered to be transferred to the file of the second Additional Family Court, Chennai where M.C.No.102 of 2008 filed by the petitioner/wife is pending and the Second Additional Family Court, Chennai is directed to try H.M.O.P.No.42 of 2008 along with M.C.No.102 of 2008 and to dispose of the same at an early date. Liberty is given to the respondent/husband to file necessary application seeking exemption rom appearance before the Second Additional Family Court, Chennai in connection with the hearing of the matrimonial proceedings and in the event of such application being filed, the Second Additional Judge, Family Court, Chennai is directed to decide the same on merits uninfluenced by any of the observations made by this Court in this transfer Civil https://hcservices.ecourts.gov.in/hcservices/ Miscellaneous Petition. The Sub Court, Ranipet is directed to transfer H.M.O.P.No.42 of 2008 to the file of Second Additional Family Court, Chennai soon after the receipt of the copy of this order without any delay. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sg To 1.The Second Additional Family Court, Chennai 2.The Sub Court, Ranipet. 1 CC To Mr.S.Krishnasamy, Advocate, SR NO.59308 TR.C.M.P.No.271 of 2008 gv(co) pmk/31.10.2008. https://hcservices.ecourts.gov.in/hcservices/