1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2011 CORAM: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P.(MD).No.6 of 2011 and M.P(MD)No.1 of 2011 Dr.Subha .. Petitioner Vs. Dr.R.Babu .. Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw the case in G.W.O.P.No.671 of 2010, pending on the file of the Family Court, Coimbatore and transfer the same to the Family Court, Madurai. For Petitioner : Mr.G.Aravinthan For Respondent : No appearance O R D E R This petition is filed under Section 24 of the Code of Civil Procedure to withdraw the case in G.W.O.P.No.671 of 2010 from the file of the Family Court, Coimbatore and transfer the same to the file of the Family Court, Madurai. 2. When the petition came up for hearing, the learned counsel for the petitioner is present. On the other hand, despite service of notice to the respondent, he has not chosen to appear before the court either in person or through his counsel. 3. The learned counsel for the petitioner was heard and on the basis of his submission and on considering the averments of the affidavit filed in support of this petition, the following order is passed:- 4. The petitioner and the respondent are husband and wife. Their marriage was solemnized on 21.11.1999 at Sri Kamachi Arangam, Harveypatty, Madurai. After their marriage, the petitioner and the respondent started living as husband and wife in the residence of the respondent at Coimbatore. During their wedlock, the petitioner has given birth to twins at Vadamalayan Hospital, Madurai. Even after informing the birth of twins boy children too, the respondent showed deaf ears to the calls made by petitioner as well as the elders. Due to matrimonial tiff and misunderstanding, the petitioner opted to file an application for divorce before the Family Court, Madurai in H.M.O.P.No.548 of 2009. Another petition in H.M.O.P.No.1245 of 2009 was filed by the respondent before the Family Court, Coimbatore, for https://hcservices.ecourts.gov.in/hcservices/ 2 the same relief of divorce. Thereafter, the petitioner had filed a transfer petition in Tr.C.M.P(MD)No.16 of 2010 before this Court seeking transfer of the above said petition from Coimbatore to Madurai and the petition was allowed on 11.11.2010. 5. In the meanwhile, the petitioner's mother, who is seeing the affairs of her twin children as guardian had instituted proceedings, claiming maintenance for them in P.O.P.No.1 of 2010 before the Family Court, Madurai and in the said proceeding, notice was ordered to be sent to the respondent and he has also made his appearance. As a counter-blast of maintenance proceedings before the Family Court, Madurai, the respondent had filed a petition in G.W.O.P.No.671 of 2010 before the Family Court, Coimbatore. The factum of institution of the proceeding was made known to the petitioner from the perusal of the counter statement filed by the respondent in P.O.P.No.1 of 2010 as well as in H.M.O.P.No.548 of 2009 pending before the Family Court, Madurai. 6. Under this circumstance, the petitioner has come forward with this petition to withdraw the case in G.W.O.P.No.671 of 2010 from the file of the Family Court, Coimbatore and to transfer the same to the file of the Family Court, Madurai, for disposal. 7. This Court has carefully considered the submission made by the learned counsel for the petitioner. It is obvious to note that several litigations are pending between the petitioner and the respondent. Both are practicing in medicine, however, the reasons assigned by the petitioner to transfer the G.W.O.P.No.671 of 2010 are satisfactory and hence, this Court has though it fit, that the petition may be allowed, as prayed for. 8. In the result, the petition is allowed and the case in G.W.O.P.No.671 of 2010 is ordered to be withdrawn from the file of the Family Court, Coimbatore and transferred to the file of the Family Court, Madurai. Consequently, connected miscellaneous petition is closed. There is no order as to costs. Sd/- Deputy Registrar (LA) /True Copy/ Assistant Registrar To 1.The Presiding Officer, Family Court, Coimbatore. 2.The Presiding Officer, Family Court, Madurai. +1 CC to Mr.S.Subbiah, Advocate (SR.No.3800) Tr.C.M.P.(MD).No.6 of 2011 01.02.2011 skn NSV/17.2.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/