1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P.(MD)No.18 of 2011 Vinod Kumar Subbiah .. Petitioner -Vs- Saraswathy .. Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 (1)(2) of the Code of Civil Procedure, praying to withdraw the case in H.M.O.P.No.114 of 2010 along with the H.M.O.P.No.310 of 2010 and M.C.No.67 of 2010 which were clubbed together as per the order passed by this Court in CRP(MD)No.2203/2010, from the file of the Family Court, Madurai, and transfer to any other Court in Madurai. For Petitioner : Mr.Gopala Krishna Lakshman Raja for Mr.R.Venkateswaran For Respondent : Mr.S.Thamizharasan O R D E R The petition is filed under the proviso to Section 24(1) of Code of Civil Procedure to withdraw the case in H.M.O.P.No.114 of 2010 along with the case in H.M.O.P.No.310 of 2010 and M.C.No.67 of 2010 from the file of the Family Court, Madurai and to transfer to any other Court in Madurai. 2. The facts which are necessary for the disposal of this transfer petition may be summarized as follows:- The petitioner and the respondent are husband and wife. Their marriage was solemnized on 28.06.2004. On account of matrimonial tiff, the petitioner had filed a petition in H.M.O.P.No.114 of 2010, before the Principal Family Judge, Chennai and thereafter, it was made over to the II Additional Family Judge, Chennai and renumbered as H.M.O.P.No.1354 of 2007. The respondent herein had filed a transfer petition in Tr.C.M.P.No.62 of 2010, before the Principal Seat of Madras High Court and accordingly, the petition was allowed and the petition in H.M.O.P.No.1354 of 2007 was transferred to the Family Court, Madurai and taken on file as H.M.O.P.No.114 of 2010. While, transferring the above said petition, the Principal Seat of this Court has directed that the https://hcservices.ecourts.gov.in/hcservices/ 2 case has to be disposed of within the stipulated period of four months and thereafter, the time was extended by another four months till 02.11.2010. In that petition, enquiry was commenced and the petitioner was examined as P.W.1. The brother of the petitioner one Vijayakumar Subbiah was examined as P.W.2. Even though the petition was posted for his cross-examination, the respondent never chosen to cross-examine P.W.2. Ultimately, on 16.07.2002, P.W.2 was cross-examined. In the meanwhile, the respondent had filed another petition in H.M.O.P.No.310 of 2010 for restitution of conjugal rights and she had also filed another petition in M.C.No.67 of 2010 for maintenance for herself as well as for her minor son. The petition in H.M.O.P.No.310 of 2010, M.C.No.67 of 2010 and H.M.O.P.No.114 of 2010 were clubbed together and posted simultaneously, for examining the father of the petitioner as P.W.3. But even this time also, the respondent never chosen to cross-examine P.W.3. Hence, her side was closed. 3. When the matter stood thus, she had filed another petition in I.A.No.313 of 2010 for interim maintenance, claiming a sum of Rs.1,00,000/-, but the Court below had granted Rs.15,000/- towards interim maintenance. Being aggrieved by this order, the petitioner had filed a civil revision petition in CRP(MD)No.2203 of 2010 before this Court and that petition was disposed of on 29.09.2010, with a direction to dispose of, all the cases together on or before 31.12.2010. But even in-spite of the direction given by this Court, the above said cases have not been disposed of. The respondent has also not chosen to appear for the hearing of the above cases, when, those cases were posted on 13.12.2010. 4. Under this circumstance, on 21.12.2010, the learned counsel for the respondent had filed a memorandum stating that “since we lost faith in this Court we do not want to conduct the case before this Court”. In pursuant to the said memorandum, the learned Additional District Judge, Family Court, Madurai, had addressed a letter to this Court to withdraw and transfer those cases from his file to some other Court. In the above background, this petitioner has approached this Court seeking transfer of H.M.O.P.No.114 of 2010, H.M.O.P.No.310 of 2010 and M.C.No.67 of 2010 from the file of the Family Court, Madurai and to transfer to any other District Court at Madurai. 5. Heard both sides. 6.The learned counsel for the petitioner has submitted that the respondent has made serious allegation as against the brother and the father of the petitioner alleging that they had given sexual torture to her. He has also submitted that though several chances were given, the respondent never chosen to cross-examine the witness and she had also wantonly allowed the above mentioned cases to be adjourned unnecessarily without any valid reason. He has also added that since the learned counsel for the respondent had filed a memorandum stating that the respondent had lost hope upon the Court, it might be better to withdraw those cases from the file of the Family Court, Madurai and transfer to any other District Court for the earlier disposal. 7.On the other hand, the learned counsel for the respondent, while expressing his 'no objection' to transfer those cases from the file of https://hcservices.ecourts.gov.in/hcservices/ 3 the learned Family Judge, Madurai, has urged before this Court that the respondent might be given one more opportunity to attend the mediation proceeding to see as to whether there is any feasibility for her re-union with the petitioner. But the learned counsel for the petitioner has submitted that several mediations were conducted right from Chennai and that all the efforts were ended in vain and that there is no meaning in referring the matter to the mediation and conciliation Centre once again, because it would rather result in getting delayed the disposal of this case. 8.Having regard to the submissions made on behalf of both sides and on taking into consideration of the averments of the affidavit filed in support of this petition and other materials available on records, this Court is of the view that the case in H.M.O.P.No.114 of 2010, H.M.O.P.No.310 of 2010 and M.C.No.67 of 2010 may be ordered to be withdrawn from the file of the learned Family Court, Madurai and transferred to the file of the learned I Additional District Judge, Madurai. 9.Accordingly, this petition is allowed and the case in H.M.O.P.No.114 of 2010, H.M.O.P.No.310 of 2010 and M.C.No.67 of 2010 are ordered to be withdrawn from the file of the Family Court, Madurai and transferred to the file of the I Additional District Court, Madurai for disposal according to law. 10. The learned I Additional District Judge, Madurai, is directed to club all the three cases together and dispose of the same within the stipulated period of two months without further loss of time. There is no order as to costs. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1.The I Additional District Judge, Madurai. 2.The Judge, Family Court, Madurai. Copy to: The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. +1 CC TO MR. R.VENKATESWARAN, ADVOCATE S.R NO. 5363 Tr.C.M.P.(MD).No.18 of 2011 10.02.2011 skn PAM 25.02.2011/5C/3P https://hcservices.ecourts.gov.in/hcservices/