1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T. MATHIVANAN Tr.C.M.P.(MD)No.215 of 2011 and M.P.(MD)No.1 of 2011 S.Rekha : Petitioner/Respondent Vs. T.Subramaniyam : Respondent/Petitioner Prayer: Transfer Civil Miscellaneous Petition filed under section 24 of the Code of Civil Procedure, praying to withdraw the case in HMOP NO.311 of 2010 from the file of the III Additional Subordinate Court, Madurai and transfer the same to the Family Court, Chennai or any competent court. For Petitioner : Mr.S.Muniyandi For Respondent : No appearance O R D E R Invoking the proviso to section 24 of the Civil Procedure, the petitioner has preferred this petition to withdraw the petition in HMOP No.311 of 2010 from the file of the learned 3rd Additional Subordinate Court, Madurai, and transfer the same to the learned Family Court, Chennai or any other competent court, for disposing the same in accordance with law. 2. The respondent has been served with the notice. Despite the service of notice, he has not chosen to appear either in person or through his counsel. 3. When the petition came up for hearing on 19.10.2011, there was no representation on behalf of the respondent. Hence, this court was constrained to give a direction to the Registry to verify as to whether any learned counsel has entered appearance on behalf of the respondent and list the case today i.e., on 28.10.2011. The Registry has, accordingly, verified and made an endorsement saying that no counsel has entered appearance on behalf of the respondent. Under the above said circumstance, there is no other go for this court, excepting to dispose this petition on merit in the absence of the respondent. 4. The respondent herein is the husband of the petitioner. Their marriage was solemnised on 8.2.2009. On account of their matrimonial relationship, the petitioner has begotten a male child and on the date of filing of the petition, the child was aged about one year. Due to difference of opinion between them, at present, the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner has been living in her parents' house along with her child. The petitioner's father had made several attempts to make a compromise between the petitioner and the respondent. However, he had miserably failed in his attempt. In the above said circumstance, the respondent has filed a petition in HMOP No.311 of 2010 seeking the relief of divorce on the file of the learned Additional Subordinate Court, Madurai. Now, the petition is pending for adjudication. The petitioner had also lodged a complaint before the All Women Police Station, Tiruparangundaram, for reunification, on 21.05.2010. The respondent had also appeared along with his counsel and given an undertaking before the Sub Inspector of Police, All Women Police Station, Thiruparankundram, that he would join with the petitioner within a month. Instead of fulfilling his promise, he has chosen to file the petition in HMOP No.311 of 2011 on the file of the learned 3rd Additional Subordinate Court, Madurai, for divorce. 5. The petitioner has also filed another petition in HMOP No.684 of 2011 on the file of the learned Family Court, Chennai, seeking the relief of restitution of conjugal rights. Since, the petitioner has been residing in her parents house with her child at Ayanavaram, Chennai, she finds it difficult to attend each and every hearing in HMOP 311 of 2010 pending on the file of the learned 3rd Additional Subordinate Court, Madurai, all along from Chennai. Hence, she is constrained to file this petition seeking the relief of transfer of the petition in HMOP No.311 of 2010 from the file of the learned 3rd Additional Subordinate Court, Madurai, to the file of the learned Family Court, Chennai 6. Heard Mr.S.Muniyandi, the learned counsel for the petitioner. This court has carefully perused the averments made in the affidavit filed in support of the petition and also perused the related materials available on record. 7. Mr.S.Muniyandi, the learned counsel for the petitioner has submitted that the petitioner has been depending upon her parents, for her subsistence along with her child and under this circumstance, it is not possible for her to come and appear in the case in HMOP No.311 of 2010 at Madurai from Chennai. Hence, he has urged this court that the case in HMOP No.311 of 2010 be withdrawn from the file of the learned 3rd Additional Subordinate Court, Madurai, and transfer the same to the file of learned Family Court, Chennai, to be tried along with the petition in HMOP No.684 of 2011, pending on the file of the learned Family Court, Chennai. 8. Having been satisfied with the reasons assigned in the affidavit filed in support of this petition and on considering the submission made by the learned counsel for the petitioner, Mr.S.Muniyandi, this court is inclined to allow this petition. 9. Accordingly, this petition is allowed and the petition in HMOP No.311 of 2010 is ordered to be withdrawn from the file of the 3rd Additional Subordinate Court, Madurai, and transferred the same to the file of the learned Family Court, Chennai, to be tried along with https://hcservices.ecourts.gov.in/hcservices/ 3 the petition in HMOP NO.684 of 2011. The learned 3rd Additional Subordinate Judge, Madurai, is directed to transmit the entire case records relating to the petition in HMOP No.311 of 2010 to the file of the learned Family Court, Chennai, within in a period of three weeks from the date of receipt of a copy of this order. On receipt of the case records, the learned Additional Judge, Family Court, Chennai, is directed to dispose both the petitions viz., HMOP No.311 of 2010 and HMOP No.684 of 2011 simultaneously on merit, within a period of four months, without further loss of time. 10. Consequently, the connected Miscellaneous Petition is closed. There is no order as to costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The 3rd Additional Subordinate Judge, Madurai. 2.The Presiding Officer, Family Court, Chennai. +1 CC to Mr.K.Safar Badhusha, Advocate (SR.No.36996) Order in Tr.CMP(MD) No.215 of 2011 28.10.2011 er NSV/10.11.11/3P/4C https://hcservices.ecourts.gov.in/hcservices/