1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P (MD)No.109 of 2011 and M.P (MD) No.1 of 2011 M.Lakshmi @ Muthulakshmi .. Petitioner / Respondent -Vs- A.Shanmugasudaram @ Shanmugam .. Respondent / Petitioner PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw the case in HMOP No.588 of 2011 from the file of the IIIrd Additional Family Court, Chennai and transfer the same to the IIIrd Additional Subordinate Judge, Madurai to be tried along with H.M.O.P(19th Register) S.R.No.13152 of 2011 on the file of the IIIrd Additional Subordinate Judge, Madurai. For Petitioner : Mr.M.Arun Murugan For Respondent : No appearance O R D E R After invoking the proviso to section 24 of the Code of Civil Procedure, 1908, the petitioner seeking the withdrawal of the proceedings in H.M.O.P.No.588 of 2011 from the file of the IIIrd Additional Family Court, Chennai and transfer to the file of the IIIrd Additional Subordinate Judge, Madurai to be tried along with H.M.O.P.No.159 of 2011 and dispose them simultaneously in accordance with law. 2. The respondent has been served with the notice. However, he has not chosen to appear either in person or through his counsel. Hence, there is no other go for this Court excepting to dispose the petition in the absence of respondent after hearing Mr.M.Arun Murugan, learned Counsel for the petitioner. 3. This Court has also perused the affidavit filed in support of this petition and during the pendency of this petition, the petitioner has filed a memorandum saying that already she has filed a petition, seeking the relief of divorce and that petition was originally assigned with H.M.O.P.S.R.No.13152 of 2011, dated 11.04.2011. She has also stated in her memorandum that the petition has now been numbered as H.M.O.P.No.159 of 2011 on 26.04.2011. 4. Having been satisfied with the reasons assigned in the affidavit filed in support of this petition and on considering the submissions made by Mr.M.Arun Murugan, learned Counsel for the petitioner, this Court is inclined to withdraw the proceedings in H.M.O.P.No.588 of 2011, from the file of the IIIrd Additional Subordinate Judge, Chennai and transfer to the file of the IIIrd https://hcservices.ecourts.gov.in/hcservices/ 2 Additional Subordinate Judge, Madurai to be tried along with the proceedings in H.M.O.P.No.159 of 2011. 5. Accordingly, the petition is allowed and the proceedings in H.M.O.P.No.588 of 2011 is ordered to be withdrawn from the file of the IIIrd Additional Family Court, Chennai and transferred to the file of the IIIrd Additional Subordinate Court, Madurai to be tried along with the proceedings in H.M.O.P.No.159 of 2011, and dispose of the same in accordance with law. The learned IIIrd Additional Family Court, Chennai is directed to transmit the records to the transferee Court within a period of three weeks from the date of receipt of a copy of this order and the learned III Additional Subordinate Judge, Madurai is directed to dispose of these two petitions within a period of six months without loss of further time. Consequently, connected miscellaneous petition is closed. There is no order as to costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1. The IIIrd Additional Family Judge, Chennai. 2. The IIIrd Additional Subordinate Judge, Madurai. Tr.C.M.P(MD)No.109 of 2011 22.12.2011 ps SMA/09.01.2012/3C/2P https://hcservices.ecourts.gov.in/hcservices/