IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 21.4.2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.No.146 of 2009 G.Sasikala ... Petitioner vs. S.Gokulakannan ... Respondent Civil Revision Petition filed under section 24 of CPC to withdraw the petition in H.M.O.P.No.119 of 2008, from the file of the Principal Subordinate Court, Erode, and transfer the same to District Family Court, Salem to be tried along with F.C.O.P.No.343 of 2008. For petitioner : Mr.K.Kalyanasundaram For Respondent : No Appearance O R D E R This transfer civil miscellaneous petition has been filed praying that this Court may be pleased to withdraw H.M.O.P.No.119 of 2008, from the file of the Principal Subordinate Court, Erode, and to transfer the same to the file of the Family Court, Salem, to be tried, along with F.C.O.P.No.343 of 2008. 2. It has been stated that the marriage between the petitioner and the respondent was solemnised, on 3.12.2000, at Salem, as per the Hindu rites and customs. A male child was born out of wedlock, on 10.11.2001. However, due to certain disputes, that had arisen between the petitioner and the respondent, and due to the harassment, the petitioner had filed F.C.O.P.No.343 of 2008, for restitution of conjugal rights, against the respondent. However, the respondent had filed H.M.O.P.No.119 of 2008, for divorce, on the file of the Principal Subordinate Court, Erode, only with the intention of harassing the petitioner. The respondent had lodged a false complaint against the petitioner before the All Women Police Station, Erode, on 22.12.2005, with the false allegation stating that the petitioner had threatened the respondent. The respondent had lodged another false complaint against the petitioner before the North Police Station, https://hcservices.ecourts.gov.in/hcservices/ Erode, on 3.12.2006. The respondent had lodged the said complaints only with the intention of driving out the petitioner from her matrimonial home. 3. It has also been stated that the respondent and his mother have been harassing the petitioner and they had threatened her with dire consequences. In such circumstances, the petitioner had left the matrimonial home and she is living with her aged parents, at Salem, with her minor child. She has no independent source of income and she has no male family member to accompany her during her travel to attend the hearings, in H.M.O.P.No.119 of 2008, before the Principal Subordinate Court, at Erode. In such circumstances, the petitioner had preferred the present transfer civil miscellaneous petition before this Court, under Article 227 of the Constitution of India. 4. There is no appearance on behalf of the respondent. No counter affidavit has been filed on behalf of the respondent. 5. Taking note of the submissions made by the learned counsel appearing for the petitioner and considering the averments made by the petitioner in the affidavit filed in support of the transfer miscellaneous petition, Tr.C.M.P.No.119 of 2008, pending on the file of the Principal Subordinate Court, Erode, is withdrawn and transferred to the Family Court, Salem, to be tried along with F.C.O.P.No.343 of 2008, as prayed for by the petitioner. Accordingly, the transfer the civil miscellaneous petition stands allowed. No costs. Consequently, connected M.P.No.1 of 2009 is closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. To 1. The Principal Subordinate Court, Erode 2. The Family Court, Salem + 1 cc to Mr.K.Kalyanasundaram, Advocate SR 26270 Tr.C.M.P.No.146 of 2009 VSV (CO) RH (18.5.10) https://hcservices.ecourts.gov.in/hcservices/