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.28 of 2011 and M.P(MD)No.1 of 2011 Vinodhini ..Petitioner -Vs- Sasikumar .. 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.86 of 2010 from the file of Subordinate Court, Kulithalai and transfer to the file of Principal Subordinate Court, Trichy or any Court of competent jurisdiction at Trichy. For Petitioner : Mr.R.Nandakumar For Respondent : Mr.R.M.Sivakumar O R D E R This petition is filed under Section 24 of the Code of Civil Procedure seeking withdrawal of the case in H.M.O.P.No.86 of 2010 from the file of the Subordinate Court, Kulithalai and transfer the same to the file of the Principal Subordinate Court, Trichy. 2.Heard both sides. 3.The learned counsel for the petitioner has submitted that the petitioner and the respondent are husband and wife, and their marriage was solemnized on 20.11.2005 at V.S.K. Jayanthi Mahal Thirumana Mandapam, Samayapuram at Trichy, as per the Hindu Rites and Customs. On account of matrimonial tiff, now they are residing separately. Under this circumstance, the respondent has filed a petition for divorce in H.M.O.P.No.86 of 2010 on the file of the Subordinate Court, Kulithalai. The learned counsel for the petitioner has also submitted that since the respondent and his father have been practicing as lawyers at Subordinate Court, Kulithalai, the petitioner apprehends that she may not get fair justice and besides this, no advocates at Kulithalai are prepared to appear on her behalf to defend her case effectively. Hence, she has come forward with this petition to transfer the case to the Subordinate Court, Trichy. 4.The learned counsel for the respondent has refuted all other allegations leveled as against the respondent in the petition. The learned counsel for the respondent, while yielding for the transfer of the case has submitted that a time frame may be stipulated to dispose the case https://hcservices.ecourts.gov.in/hcservices/ 2 in H.M.O.P.No.86 of 2010, by the transferee Court. 5.Keeping in view of the submissions made on behalf of both sides, this Court is inclined to transfer the case in H.M.O.P.No.86 of 2010 to the Principal Subordinate Court, Trichy. Accordingly the petition is allowed. 6.The case in H.M.O.P.No.86 of 2010 is ordered to be withdrawn from the file of the Subordinate Court, Kulithalai and transferred to the file of Principal Subordinate Court, Trichy for disposing the same in accordance with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 directed to dispose of the case in H.M.O.P.No.86 of 2010 within the stipulated time of six months from the date of receipt of the case records from the Subordinate Court, Kulithalai. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR skn To 1.The Subordinate Judge, Kulithalai 2.The Principal Subordinate Judge, Trichy. 1CC TO MR.R. NANDAKUMAR, ADVOCATE, SR: 10625: 1CC TO MR.R.M. SIVAKUMAR, ADVOCATE, SR: 10618: DM:2011::MARCH:31::: Tr.C.M.P.(MD).No.28 of 2011 01.03.2011 2P:5C:; https://hcservices.ecourts.gov.in/hcservices/