1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P(MD)No.43 Of 2011 and M.P(MD)No.1 of 2011 Chithra ..Petitioner .vs. Ravichandran ..Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, praying this Court to withdraw H.M.O.P.No.110 of 2010, on the file of the Subordinate Judge, Pudukkottai and transfer the same to the file of III Additional Subordinate Judge, Madurai for disposal of the same on merits and in accordance with law. For Petitioner : No Appearance For Respondent : Mr.D.Sivaraman O R D E R This Transfer Civil Miscellaneous Petition is preferred after invoking the proviso to Section 24 of Civil Procedure the Code by the petitioner to withdraw the case in H.M.O.P.No.110 of 2010 from the file of the learned Subordinae Judge, Pudukkottai and transfer to the file of the III Additional Subordinate Judge, Madurai. 2. When the petition came up for final hearing on 26.09.2011, there was no representation for the petitioner and on the other hand, the learned counsel for the respondent was present. Then the matter was directed to be listed today.Even today also there is no representation for the petitioner. Mr.D.Sivaraman, learned counsel for the respondent has submitted that the petition in H.M.O.P.No.110 of 2010 which is sought to be transferred from the file of learned Subordinate Judge, Pudukkottai has been disposed of and it is not pending on the file of the learned Subordinate Judge, Pudukkotai as on date. It is further submitted that in the above said case, the respondent who is the petitioner herein remained exparte and hence an exparte decree was passed and the relief of divorce was granted in favour of the petitioner herein. Since, the petition in H.M.O.P.No.110 of 2010 is not in subsistence as on date, this petition has become infructuous and the learned counsel has also urged to dismiss the petition accordingly. 3. In support of his contention, he has also produced a xerox copy of the certified copy of the order of the learned Subordinate Judge, Pudukkottai, dated 4.8.2011 and made in H.M.O.P.No9.110 of 2010 which clearly shows that the petitioner herein remained exparte and hence an https://hcservices.ecourts.gov.in/hcservices/ 2 exparte decree was passed on the above said date granting the relief of divorce in favour of the respondent herein. Keeping in view of the order passed by the learned Subordinate Judge, Pudukkottai and considering the averments made in the affidavit filed in support of the petition, this Court is of the considered view that this petition has to be dismissed as infructuous. 4. Accordingly, the Transfer Civil Miscellaneous Petition is dismissed. Consequently, connected Miscellaneous Petition is also closed. No costs. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar (C.S) To 1. The III Additional Subordinate Judge, Madurai. 2. The Subordinate Judge, Pudukkottai. + 1 cc to Mr.D.Sivaraman, Advocate, SR No.37377 Tr.C.M.P(MD)NO.43 of 2011 29.10.2011 vsn RJ/15.11.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/