1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P.(MD).No.188 of 2011 P.Mahendra Babu .. Petitioner/Petitioner Vs. G.Sivakami .. Respondent/Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw the petition in H.M.O.P.No.305 of 2010 on the file of the Subordinate Judge, Thirumangalam and transfer the same to the file of the III Additional Subordinate Judge, Madurai and grant such other relief as this Hon'ble Court deems fit and proper in the nature and circumstances of the case. For Petitioner : Mr.P.Gunasekaran For Respondent : Mr.K.Shanmuga Raja O R D E R This petition has been filed by the petitioner after invoking the proviso to Section 24 of Code of Civil Procedure to withdraw the petition in H.M.O.P.No.305 of 2010 from the file of the Subordinate Judge, Thirumangalam and transfer the same to the file of the III Additional Subordinate Judge, Madurai. 2. The petitioner herein is the husband whereas the respondent is his wife and their marriage was solemnized on 29.10.2000 at Madurai. On account of the matrimonial tiff, the husband has filed a petition in H.M.O.P No. 305 of 2010 seeking the relief of divorce on the file of the learned Subordinate Judge, Thirumangalam. The said petition is still pending without any progress. 3. It is alleged in the petition that though the petition in H.M.O.P. No. 305 of 2010 was filed in the month of July 2010, there was no progress in the proceedings. Since the petitioner has to attend the court with his parents, he find it very difficult to attend the hearings of the petition and apart from this, the wife/respondent also find it difficult to pursue the above said petition. On these two grounds, the petitioner wanted to transfer the above said petition from the file of the learned Subordinate Judge, Thirumangalam to the learned III Additional Subordinate Judge, Madurai. 4. Now, the respondent has filed his counter affidavit on various grounds and ultimately, she has conceded that the petition in H.M.O.P.NO.305 of 2010 may be transferred to the Family Court, Madurai from the file of the learned Subordinate Judge, Thirumangalam, for which the learned counsel for the petitioner has also conceded. Having fully satisfied with the reasons assigned by the petitioner for the transfer of the case and having regard to the submissions of the learned counsel for the petitioner/ husband and the learned counsel for the respondent/wife and considering all the materials available on record, this Court is inclined https://hcservices.ecourts.gov.in/hcservices/ 2 to transfer the petition in H.M.O.P. No. 305 of 2010 to the file of the Family Court, Madurai from the file of the learned Subordinate Judge, Thirumangalam. 5. The petition in H.M.O.P. NO. 305 of 2010 is ordered to be withdrawn from the file of the Subordinate Judge, Thirumangalam and transferred to the file of the Family Court, Madurai. The learned Judge, Family Court, Madurai is directed to dispose the petition in H.M.O.P. No.305 of 2010 within a period of three months on day to day basis without any further loss of time and under intimation to this Court. 6.With the above observations, this petition is allowed. There is no order as to costs. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar(C.S) To 1.The Subordinate Judge, Thirumangalam. 2.The Judge, Family Court, Madurai. Copy to : The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. (for watching report) ses Tr.C.M.P.(MD).No.188 of 2011 18.10.2011 TR :31.10.2011: 2p/4c https://hcservices.ecourts.gov.in/hcservices/