1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI Tr.C.M.P(MD)No.107 of 2011 and M.P(MD)No.1 of 2011 Lakshmi ... Petitioner Vs. 1.M.Sathiskumar 2.Murugesan ... Respondents PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P.No.7 of 2011 from the file of Sub-Court, Virudhunagar and transfer the same to the file of Family Court, Madurai to be tried along with M.C.No.26 of 2011. For Petitioner :Mr.S.Nagarajan For R2 : No Appearance (R-1 Not ready) ORDER The learned counsel for the petitioner is present and is heard. 2. Though the first respondent/husband is duly sent notice through registered post and private notice to the last known address as given in his divorce petition, the same is returned un-served as "unclaimed" as such the service of notice effected to the first respondent is hence held sufficient and he is called absent and set ex-parte. 3. Considering the reasons set out in para 5 of the affidavit filed in support of this petition and the fact that the husband has also not chosen to oppose the transfer as sought for herein and the fact of pendency of M.C.No.26 of 2011 on the file of Family court, Madurai, this Court for the convenience of the petitioner herein is inclined to order the transfer as sought for herein and the same will in no way prejudice the right of the respondent to pursue his remedy in the divorce petition as well as in the maintenance case. 4. In the result, H.M.O.P.No.7 of 2011 on the file of the Sub-Court, Virudhunagar is withdrawn and transferred to the file of Family Court, Madurai to be tried simultaneously with M.C.No.26 of 2011. This Transfer Civil Miscellaneous Petition https://hcservices.ecourts.gov.in/hcservices/ 2 is accordingly disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar(Accounts) /True Copy/ Assistant Registrar To 1.The Subordinate Judge, Virudhunagar. 2.The Judge, Family Court, Madurai +One cc to Mr.S.Nagarajan, Advocate, SR.No.18378 pm rl/4c – 28.6.2011 Tr.C.M.P(MD)No.107 of 2011 14.06.2011 https://hcservices.ecourts.gov.in/hcservices/