1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P.(MD).No.31 of 2011 and M.P(MD)No.1 of 2011 K.Rajkumar .. Petitioner -Vs- R.G.Priyadarshini .. Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, praying to withdraw the case in H.M.O.P.No.610 of 2008 from the file of Family Court, Madurai and transfer to the file of Family Court, Trichy or any other Court of Competent jurisdiction for disposal. For Petitioner : Mr.V.K.Vijayaragavan For Respondent : No appearance O R D E R This petition is filed under Section 24 of the Code of Civil Procedure, praying to withdraw the case in H.M.O.P.No.610 of 2008 from the file of Family Court, Madurai and transfer to the file of Family Court, Trichy or any other Court of Competent jurisdiction for disposal. 2.The petitioner and the respondent are husband and wife. Their marriage was solemnized on 22.02.2007 as per the Hindu Marriage Rites and Customs. Thereafter, difference of opinion took place between them on account of matrimonial tiff and hence, the respondent has filed a petition in H.M.O.P.No.610 of 2008 on the file of the Family Court, Madurai for dissolution of marriage. The petition was periodically adjourned for one reason and other. However, on 14.09.2009, when both parties were present, it was decided to fix a date for an amicable settlement and therefore, the petition was posted on 24.09.2009. Even on that date also the respondent / petitioner therein was absent. When the matter was posted on 30.09.2009, the respondent appeared and made an endorsement stating that without prejudice to his contention, he had no objection for passing a decree of divorce. 3.The learned Senior Counsel appearing for the petitioner herein would submit that even after the endorsement, the learned trial Judge had https://hcservices.ecourts.gov.in/hcservices/ 2 completely ignored the endorsement and used to post the case on several occasions without any reason what so ever. 4.Under this circumstance, the petitioner has come forward with this petition, to withdraw the case in H.M.O.P.No.610 of 2010 from the file of Family Court, Madurai and transfer to the file of Principal Subordinate Court, Trichy. 5.When the matter came up for hearing, the respondent has not chosen to appear despite the service of notice on him. Hence, the learned counsel for the petitioner was heard in the absence of the respondent. Keeping in view of the circumstances, narrated above, this Court is of view that the case in H.M.O.P.No.610 of 2010 may be ordered to be withdrawn from the file of the Family Court, Madurai and transferred to the file of Principal Subordinate Court, Trichy. 6.Accordingly, this petition is allowed and the case in H.M.O.P.No.610 of 2010 is ordered to be withdrawn from the file of Family Court, Madurai and transferred to the file of Principal Subordinate Court, Trichy for disposing the same in accordance with law. Consequently, connected miscellaneous petition is closed. There is no order as to costs. 7.The transferee Court is hereby directed to dispose the case in H.M.O.P.No.610 of 2010 within the stipulated time of one month from the date of receipt of a copy of this order under intimation to this Court. SD/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Presiding Officer, Family Court, Madurai. 2.The Principal Subordinate Judge, Trichy Tr.C.M.P.(MD).No.31 of 2011 01.03.2011 skn PAM 08.04.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/