IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 27.08.2008 CORAM THE HONOURABLE MR.JUSTICE S. RAJESWARAN Tr.C.M.P.No.156 of 2007 and M.P.No.1 of 2007 B.Lakshmi .. Petitioner Vs. S.Babu .. Respondent This transfer Civil Miscellaneous petition is filed under Section 24 of C.P.C. to transfer the O.P.No.142 of 2007 filed by the respondent/husband, from the file of the Principal Judge, Family Court, Chennai to the file of the Subordinate Judge, Attur, to be tried along with H.M.O.P. No.25 of 2007 filed by the petitioner/wife. For Petitioner : Mr.B.R.Shankaralingam For Respondent : No appearance ***** O R D E R This transfer petition is filed by the respondent/ wife in O.P.No.142 of 2007 filed by the respondent herein/the husband, from the file of the Principal Judge, Family Court, Chennai to the file of the Subordinate Judge, Attur, to be tried along with H.M.O.P. No.25 of 2007 filed by the petitioner/wife for restitution of conjugal rights. 2. Notice was ordered on 13.4.2007 and personal appearance of the petitioner before the Court below was dispensed with till the disposal of this transfer petition. Though the notice was served on the respondent/husband, there was no representation on behalf of the respondent on 25.8.2008. Even today, there is no representation on his behalf either in person or through counsel. 3. I have heard the learned counsel appearing for the petitioner and I have also gone through the documents filed in support of his submission. https://hcservices.ecourts.gov.in/hcservices/ 4. The case of the petitioner/wife is that she has been living with her aged parents who are taking care of her interest at Attur. According to the learned counsel for the petitioner, the wife is aged about 30 years and she has no children. It has become difficult for her to travel from Attur, Salem District to Chennai to defend the case filed by the respondent/husband before the Principal Judge, Family Court, Chennai for divorce for each and every hearing. Hence, she has filed the above transfer petition for the aforesaid relief. 5. Considering the facts and circumstances of the case and the fact that despite service of notice, there is no representation on behalf of the respondent, I am inclined to allow this transfer petition. 6. Accordingly, I direct withdrawal of O.P.No.142 of 2007 filed by the respondent/husband, from the file of the Principal Judge, Family Court, Chennai and transfer the same to the file of the Subordinate Judge, Attur, to be tried along with H.M.O.P. No.25 of 2007 filed by the petitioner/wife for restitution of conjugal rights. 7. In the result, the transfer Civil Miscellaneous petition is allowed as prayed for. No costs. Consequently, connected M.P.No.1 of 2008 is also closed. Vaan Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1. The Principal Judge, Family Court, Chennai. 2.The Subordinate Judge, Attur. + 1 cc to Mr. B. R. Shankaralilngam, Advocate SR No. 48194 Tr.C.M.P.No.156 of 2007 and M.P.No.1 of 2007 MDR(CO) SR/14.11.2008 https://hcservices.ecourts.gov.in/hcservices/