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.76 of 2011 and M.P.(MD)No.1 of 2011 V.Mariammal @ Maheswari : Petitioner/Respondent Vs. A.Dakshinamoorthy : 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.117 of 2010 on the file of the Subordinate Court, Tirunelveli and transfer the same to the file of the Subordinate Court, Tuticorin. For Petitioner : Mr.S.Pon.Senthil Kumaran For Respondent : No appearance O R D E R Invoking the proviso to section 24 of the Civil Procedure Code, the petitioner has preferred this petition to withdraw the proceedings in HMOP No.117 of 2010 from the file of the learned Subordinate Court, Tirunelveli and transfer the same to the file of the learned Subordinate Court, Tuticorin, 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 21.10.2011, there was no representation on behalf of the respondent. Hence, this court was constrained to issue 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 https://hcservices.ecourts.gov.in/hcservices/ 2 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 petitioner herein is the wife of the respondent. Their marriage was solemnised on 7.2.2007 and after their marriage, they both were living at Tirunelveli along with the parents of the respondent. Few months after their marriage, the respondent and his family members started ill-treating the petitioner. Out of the wedlock with the respondent, the petitioner gave birth to twin children on 10.10.2007. On account of the premature delivery, both the babies were died. Instead of taking the petitioner to the matrimonial home, the respondent had made an unreasonable demand for a sum of Rs.15,00,000/-. All the efforts taken by the family elders and the relatives ended in futile. In the interregnum, the respondent has filed the petition in HMOP No.117 of 2010 seeking the relief of divorce on the file of the learned Subordinate Court, Tirunelveli. The petitioner has also filed another petition in HMOP No.184 of 2010 on the file of the learned Subordinate Court, Tuticorin, seeking the relief of restitution of conjugal rights. Now, the petitioner has come forward with this petition seeking the relief of withdrawal of the petition in HMOP No.117 of 2010 from the file of the learned Subordinate Court, Tirunelveli and transfer the same to the file of the learned Subordinate Court, Tuticorin, to be tried along with the petition in HMOP No.184 of 2010. 5.Heard Mr.S.Pon Senthil Kumaran, the learned counsel for the petitioner. This court has also carefully perused the affidavit filed in support of this petition and the related materials as well. 6.Having been regard to the related facts and circumstances of the case and on considering the submission made by the learned counsel for the petitioner, Mr.S.Pon Senthil Kumaran, this court is inclined to allow this petition as prayed for. 7.Accordingly, this petition is allowed and the petition in HMOP No.117 of 2010 is ordered to be withdrawn from the file of the learned Subordinate Court, Tirunelveli and transferred the same to the file of the learned Subordinate Court, Tuticorin, to be tried along with the petition in HMOP No.184 of 2010. The learned Subordinate Judge, Tirunelveli, is directed to transmit the entire case records relating to the petition in HMOP No.117 of 2010 to the file of the learned Subordinate Court, Tuticorin, 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 Subordinate Judge, Tuticorin, is directed to dispose both the petitions viz., HMOP No.117 of 2010 and HMOP No.184 of 2010 simultaneously on merit, within a period of four months. https://hcservices.ecourts.gov.in/hcservices/ 3 8.Consequently, connected Miscellaneous Petition is closed. There is no order as to costs. Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar To, 1.The Subordinate Judge, Tirunelveli. 2.The Subordinate Judge, Tuticorin. Er rl/3 c- 12.11.2011 order in Tr.C.M.P.(MD)No.76 of 2011 28.10.2011 https://hcservices.ecourts.gov.in/hcservices/