1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P.(MD).No.225 of 2011 K.vellaiyammal .. Petitioner/Respondent Vs. S.Kathirvel .. Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw and Transfer of HMOP No. 50 of 2011 from the file of Subordinate Judge, Kovilpatti to the file of the III Additional Subrodinate Judge, Madurai. For Petitioner : M/s.A.Hafiza For Respondent : No appearance O R D E R This petition has been filed by the petitioner after invoking the proviso to Section 24 of Code of Civil Procedure to withdraw and Transfer the petition in H.M.O.P.No. 50 of 2011 from the file of Subordinate Judge, Kovilpatti to the file of the III Additional Subordinate Judge, Madurai, for disposal 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. Even after sufficient opportunities were given, he has never chosen to appear. Hence, this Court is inclined to dispose this petition in his absence. 3. The petitioner herein is the legally wedded wife of the respondent. On account of the matrimonial tiff, the petitioner was driven out of the matrimonial home and ever since from that day onwards, she has been residing with her elder brother and his family at Madurai. In the meanwhile, she had filed a petition in M.C. NO. 29 of 2008 on the file of the Chief Judicial Magistrate, Madurai, for claiming maintenance and that petition was dismissed on 23.11.2010. Challenging the order of dismissal, the petitioner preferred a revision in C.R.P. No. 8 of 2011, which is now pending before the Fast Track Court No.III, Madurai. 4. When the matter stood thus, the respondent has filed a petition H.M.O.P.NO.50 of 2011 on the file of the learned Subordinate Judge, Kovilpatti, seeking the relief of divorce. The petitioner is nearly 53 years old and she is heavily banking upon her elder brother for her sustenance. On account of her ill-health, she has to depend https://hcservices.ecourts.gov.in/hcservices/ 2 upon the help of another for being excorted and under such circumstance, she has come forward with this petition to transfer the case in H.M.O.P.No.50 of 2011 from the file of the Subordinate Judge, Kovilpatti to the file of the learned III Additional Subordinate Judge, Madurai. 5. Heard Ms.Hafiza, learned counsel for the petitioner. This Court has also perused the affidavit filed in support of the petition. Since the respondent has never chosen to appear to answer for the claim of the petitioner, this Court is left with no other option except to allow the petition granting the relief of transfer of the petition in H.M.O.P.NO. 50 of 2011, from the file the learned Subordinate Judge, Kovilpatti to the file of the learned III Additional Subordinate Judge, Madurai. 6. The petition in H.M.O.P.NO. 50 of 2011 is ordered to be withdrawn from the file of the learned Subordinate Judge, Kovilpatti and transferred to the file of the III Additional Subordinate Judge, Madurai. On receipt of the records, the learned III Additional Subordinate Judge, Madurai is directed to dispose the above said case expeditiously without any further loss of time. 7.With the above observations, this petition is allowed. There is no order as to costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Subordinate Judge, Kovilpatti. 2.The III Additional Subordinate Judge, Madurai. +1cc to Mr.A.Hafiza, Advocate, Sr.No.36536 ses ssk/16.11.2011 /4c -2p/- Tr.C.M.P.(MD).No.225 of 2011 https://hcservices.ecourts.gov.in/hcservices/