1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI Tr.C.M.P(MD)No.9 of 2011 and M.P(MD)No.1 of 2011 Rasi ... Petitioner Vs. D.Anbalagan ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw H.M.O.P.No.270 of 2008 from the file of Principal Sub-Court, Dindigul and transfer the same to any other appropriate Court in Madurai. For Petitioner :Mr.S.Mahendrapathy For Respondent :M/s.Benazir Begam for Mr.D.Selvaraj ORDER The petitioner/wife filed this petition seeking transfer of H.M.O.P.No.270 of 2008 filed by the husband for divorce pending on the file of Principal Sub-Court, Dinditul to any other appropriate Court in Madurai on the only ground that she is in the custody of her parents and they find it difficult to take care of themselves and the petitioner with the meagre amount of pension. 2. Though the learned counsel for the petitioner has sought to raise so many other grounds in the course of argument before this Court the same is not raised by way of averments in the affidavit filed in support of this petition. As the petitioner already awarded maintenance of Rs.3,500/- per month in the maintenance case filed by her and as her personal appearance is not necessary for every hearing in H.M.O.P pending before the Principal Sub-Court, Dindigul and as she already engaged her counsel to represent her case at Dindigul, no ground is made out to order transfer as sought for herein. The reasons stated above is not sufficient enough to order transfer. Hence, this Tr.C.M.P is dismissed However, with a direction to the respondent to pay Rs.300/- in addition to monthly maintenance to the petitioner towards litigation expenses as and when her https://hcservices.ecourts.gov.in/hcservices/ 2 personal appearance is required during pre-trial stage and as and when she makes her personal appearance and further direction is issued to the Court concerned to dispose of H.M.O.P.No.270 of 2008 within three months from the date of receipt of the copy of this order. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To The Principal Sub-Court, Dindigul. pm rl/2c – 29.6.2011 Tr.C.M.P(MD)No.9 of 2011 17.06.2011 https://hcservices.ecourts.gov.in/hcservices/