IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:28.10.2008 CORAM: THE HONOURABLE MR.JUSTICE M.VENUGOPAL Tr.C.M.P.No.247 of 2008 and M.P.No.1 of 2008 N.S.Bhargavi @ Rajalakshmi ... Petitioner Vs. P.Murali @ Raghavan ... Respondent Prayer: Petition filed under Section 24 of C.P.C., praying to withdraw H.M.O.P.No.186 of 2007 from the file of the Subordinate Court, Poonamallee and to transfer the same to the file of the Family Court, at Chennai. For Petitioner : Ms.Annie Cheriyan for Mr.A.R.Nixon For Respondent : No appearance ORDER The petitioner herein is the wife. The respondent is the husband. 2.According to the learned counsel for the petitioner/ wife, the respondent/husband has filed H.M.O.P.No.186 of 2007 on the file of Sub Court, Poonamallee seeking relief of divorce under Section 13(1) (ia) of the Hindu Marriage Act, 1955. Till date the petitioner/wife has not filed counter to the said pending matrimonial proceedings. 3.The learned counsel for the petitioner/wife submits that the petitioner herein is suffering from minor epilepsy and her parents are also sick, since they have undergone heart operations and therefore, all of them find it difficult to go over to Poonamallee where the H.M.O.P.No.186 of 2007 is pending on the file of Sub Court, Poonamallee. The petitioner/wife prays for transferring the said H.M.O.P.No.186 of 2007 from the file of Sub Court, Poonamallee to the file of Family Court, Chennai. 4.The grievance of the petitioner is that it is not possible for her to travel without the help of others from Hyderabad to Poonamallee and some one to accompany her for her security and that she can travel from Hyderabad to Chennai by train and it is very https://hcservices.ecourts.gov.in/hcservices/ difficult for the petitioner to travel from Central to Poonamallee. Generally, in Transfer CMPs the convenience of parties will have to be looked into by a Court of law. In the affidavit filed in Tr.C.M.P.No.247 of 2008, the petitioner/wife has also averred that her parents are diabetic and they are having high blood pressure etc. 5.Considering the fact that the petitioner/wife who is suffering from an ailment of minor epilepsy as informed by the counsel and bearing in mind another important fact that the parents of the petitioner are diabetic, having high blood pressure and also undergone heart operations, this Court is of the considered view that the balance of convenience and prima facie are in favour of the petitioner herein and resultantly, this Court allows the Tr.C.M.P. in furtherance of substantial cause of justice. 6.In fine, the Tr.C.M.P. is allowed. The H.M.O.P.No.186 of 2007 pending on the file of Sub Court, Poonamallee is ordered to be transferred to the file of Principal Judge, Family Court, Chennai. Further, the Sub Judge, Poonamallee is directed to transfer the said H.M.O.P.No.186 of 2007 from his file to the file of Principal Judge, Family Court, Chennai within 10 days from the date of receipt of copy of this order. Thereafter, within a week the petitioner/wife is to file her counter to the said proceedings diligently and without protracting the matter any further and the learned Principal Judge, Family Court, Chennai is directed to dispose of the same in any event within four months from the date of receipt of the copy of the order. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sgl To 1.The Sub Court, Poonamallee. 2.The Principal Judge, Family Court, Chennai. 1 cc To Mr.A.R.Nixon., Advocate, SR.60134 Tr.C.M.P.No.247 of 2008 SSV(CO) SRA(3/11/2008) https://hcservices.ecourts.gov.in/hcservices/