1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2011 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM Tr.CMP(MD)No.187 of 2011 N.Selvin Franklin .. Petitioner Vs. R.Benitta .. Respondent Petition filed under Section 24 of Civil Procedure Code, 1908 praying to withdraw I.D.O.P.No.256 of 2010 from the file of the Principal District and Sessions Court, Kanyakumari District at Nagercoil and transfer the same to the file of the Principal District and Sessions Court, Tirunelveli. For petitioner : Mr.H.Velavadhas For respondent : Mr.C.Sankar Prakash O R D E R This petition has been filed under Section 24 of the Civil Procedure Code, 1908 praying to withdraw and transfer I.D.O.P.No.256 of 2010 from the file of the Principal District and Sessions Court, Kanyakumari District at Nagercoil to the file of Principal District and Sessions Court, Tirunelveli. 2. It is stated in the petition that the petitioner has filed I.D.O.P.No.256 of 2010 on the file of the Principal District and Sessions Court, Kanyakumari District at Nagercoil for getting a decree of divorce, wherein the present respondent has been shown as respondent and further it is stated in the petition that the uncle of the respondent and others have used to threaten the parents of the petitioner and further the parents of the petitioner are disabled persons and they are not in a position to meet the counsel of the petitioner frequently. Under the said circumstances, the present petition has been filed for getting the relief sought for therein. 3. The learned counsel appearing for the petitioner has reiterated the averments made in the petition. But the learned counsel appearing for the respondent has contended that all the allegations levelled against the respondent and others are baseless and therefore the present petition deserves to be dismissed. 4. It is an admitted fact that the petitioner has filed I.D.O.P.No.256 of 2010 on the file of the Principal District and Sessions Court, Kanyakumari District at Nagercoil for getting a decree of divorce. The main reason given in the petition for getting the relief sought for therein is that the respondent and others have used to threaten the parents of the petitioner and further the parents of the petitioner are https://hcservices.ecourts.gov.in/hcservices/ 2 disabled persons. Considering the reason given in the petition, this Court is of the view that the reason given in the petition is not at all sufficient to transfer I.D.O.P.No.256 of 2010 from the file of the Principal District and Sessions Court, Kanyakumari District at Nagercoil to the file of Principal District and Sessions Court, Tirunelveli. Under the said circumstances, the present petition deserves to be dismissed. 5. In fine, this petition deserves dismissal and accordingly is dismissed without costs. The Principal District and Sessions Court, Kanyakumari District at Nagercoil is directed to dispose of I.D.O.P.No.256 of 2010 before the end of Novembers, 2011 and report the same to the Registry without fail. smn Sd/- Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar To 1. The Principal District and Sessions Judge, Kanyakumari District at Nagercoil. 2. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. +1 cc to Mr.C.Sankar Prakash, Advocate SR.No.33299. Tr.CMP(MD)No.187 of 2011 Dated:26.09.2011 2P/4C RPB 10.10.2011 https://hcservices.ecourts.gov.in/hcservices/