IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-04-2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.No.182 of 2009 and M.P.No.1 of 2009 Logeswari @ Tharani .. Petitioner. Versus T.Palani .. Respondent. PRAYER: Petition filed under Article 227 of the Constitution of India, seeking to withdraw H.M.O.P.No.44 of 2008, pending on the file of the Camp Subordinate Court, Cheyyar and to transfer the same to the file of the Subordinate Court, Arakkonam. For Petitioner : Mr.M.Ganeshan(No Appearance) For Respondent: Mr.K.G.Senthil Kumar 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.44 of 2008, pending on the file of the Subordinate Court, Cheyyar and to transfer the same to the file of the Subordinate Court, Arakkonam. 2. It has been stated that the marriage between the petitioner and the respondent was solemnised, on 10.2.2000, as per the Hindu rites and customs. Two female children were born out of the wedlock. Both the children are being maintained by the petitioner. After the marriage,k the petitioner and the respondent started living together. The respondent was employed in the Border Security Force, in the State of West Bengal. He was sending Rs.1,000/- to the petitioner, as maintenance. Thereafter, due to the illtreatment meted out to the petitioner, she has moved out of the matrimonial home, along with her minor children. 3. While so, the respondent had filed H.M.O.P.No.11 of 2007, on the file of the Subordinate Court, Cheyyar, alleging that the petitioner had deserted the respondent. The original petition had been filed by the respondent, for restitution of conjugal rights. Even though the petitioner had resisted the petition, the Subordinate Court, Cheyyar, had allowed the same. In the meantime, the petitioner had filed M.C.No.3 of 2007, claiming maintenance from the respondent, on the file of the Judicial Magistrate, Arakkonam. The respondent had filed H.M.O.P.No.44 of 2008, on the file of the Subordinate Court, Cheyyar, praying for divorce against the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 4. It has been further stated that the petitioner in not in a position to travel to the Subordinate Court, Cheyyar, to attend the hearings, in H.M.O.P.No.44 of 2008. The petitioner has to travel to Cheyyar, along with her minor children, as she cannot leave them alone. Further, she has no independent income for her day-to-day expenses. She has no male member in the family to accompany her, during her visits to Cheyyar, to attend the hearings, in H.M.O.P.No.44 of 2008. In such circumstances, she has preferred the present transfer miscellaneous petition, to withdraw H.M.O.P.No.44 of 2008, pending on the file of the Subordinate Court, Cheyyar, and to transfer the same to the Subordinate Court, Arakkonam. 5. The learned counsel appearing on behalf of the respondent had submitted that there is no objection from the respondent for the transfer of H.M.O.P.No.44 of 2008, pending on the file of the Subordinate Court, Cheyyar, to the file of the Subordinate Court, Arakkonam, as prayed for by the petitioner. 6. In such circumstances, H.M.O.P.No.44 of 2008, is withdrawn from the file of the Subordinate Court, Cheyyar, and transferred to the file of the Subordinate Court, Arakkonam, as prayed for by the petitioner, in the present transfer civil miscellaneous petition. Accordingly, the transfer civil miscellaneous petition stands allowed. No costs. 7. After H.M.O.P.No.44 of 2008, pending of the file of Subordinate Court, Cheyyar, is transferred and renumbered on the file of the Subordinate Court, Arakkonam, the learned Subordinate Judge, Arakkonam, shall dispose of the petition, on merits and in accordance with law, within a period of six months thereafter. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar csh To 1) The Subordinate Judge,Camp Subordinate Court, Cheyyar. 2) The Subordinate Judge, Arakkonam. 1 cc To Mr.K.G.Senthilkumar, Advocate, SR.26518 Tr.C.M.P.No.182 of 2009 and M.P.No.1 of 2009 TAM(CO) sra 26/05/2010 https://hcservices.ecourts.gov.in/hcservices/