1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P.(MD).No.199 of 2011 M.Prabha .. Petitioner Vs. K.M.Arumugam @ Chinraj .. 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.102 of 2011 on the file of the Subordinate Judge, Pollachi and transfer the same to the file of the subordinate Judge, Srivilliputtur and pass such further or other orders as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case. For Petitioner : Mr.V.Sasikumar For Respondent : Mr.S.Sivathilagar 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 seeking the relief of withdrawal of the proceedings in H.M.O.P.No.102 of 2011 from the file of the Subordinate Judge, Pollachi and transfer the same to the file of the Subordinate Judge, Srivilliputtur for disposing the same in accordance with law. 2. The petitioner as well as the respondent are the husband and wife and their marriage was solemnized on 10.3.2008 at Subramaniyan Temple, Pollachi. The petitioner has stated in her affidavit that the parents of the respondent had threatened her to bring five sovereigns of jewel and a sum of Rs.6,000/- otherwise, the respondent would marry another girl. She has also stated that on demand, her parents had presented the respondent one sovereign of jewel and a wrist watch at the time of Deepavali. 3. It is manifested from the averments of the affidavit that out of their wedlock the petitioner had delivered two children and even after the delivery of two children, the respondent had been demanding more dowry. Under these circumstances, she was constrained to lodge a complaint before the All Women Police Station, Rajapalayam, on 13.2.2009. 4. It is also brought to the notice of this Court that after the investigation, the criminal complaint was closed by All Women Police Station, Rajapalayam and subsequently, the petitioner has filed a petition in M.C.No.24 of 2011 on the file of the Judicial Magistrate, https://hcservices.ecourts.gov.in/hcservices/ 2 Rajapalayam against the respondent seeking the relief of maintenance of Rs.5,000/- for herself and of Rs.3,000/- for her children and that the said petition is still pending. 5. Only under these circumstances, the respondent has filed a petition in H.M.O.P.No. 102 of 2011 seeking the relief of dissolution of marriage under Section 13(1)(ia) of Hindu Marriage Act on the file of the Sub Court, POllachi. Now the petitioner has come forward with this petition seeking the relief of withdrawal of the above H.M.O.P. proceedings only on the ground that she has to travel more than 300 Kms from Srivilliputtur to Pollachi along with her two children. 6. The respondent has filed the counter and the additional counter as well, refuting the allegations levelled against him in the affidavit filed in support of the petition. 7. This Court has carefully considered the averments of the affidavit as well as the averments of the counter affidavit filed by the respondent. This Court has also considered the averments made on behalf of the learned counsels. 8.Having regard to the related facts and circumstances and on considering the nature of the issues in this case, this Court is of the view that the proceedings in H.M.O.P.No. 102 of 2011 may be ordered to be transferred to the file of III Additional Sub Court, Madurai from the file of the Sub Court, Pollachi. 9. Accordingly, the petition is allowed and the proceedings in H.M.O.P.NO.102 of 2011 is ordered to be withdrawn from the file of the Sub Court,Pollachi and transferred to the file of the IIIrd Additional Sub Court, Madurai for disposing the same in accordance with law. The learned Sub Judge, Pollachi is directed to transmit the records in H.M.O.P.No.102 of 2011 to the file of IIIrd Additional Subordinate Court at Madurai within a period of three weeks from the date of receipt of copy of this order and on receipt of the records, the learned IIIrd Additional Sub Judge, Madurai, is directed to dispose the petition in H.M.O.P. NO. 102 of 2011 within the stipulated period of three months thereafter. There is no order as to costs. Consequently, connected M.P. is also closed. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar To 1.The Subordinate Judge, Pollachi. 2.The III Additional Subordinate Judge, Madurai. Tr.C.M.P.(MD).No.199 of 2011 13.12.2011 ses RJ/2.1.12 2p/3c https://hcservices.ecourts.gov.in/hcservices/