BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07/11/2007 CORAM: THE HONOURABLE MR.JUSTICE G.RAJASURIA Tr.C.M.P(MD) No.126 of 2007 and M.P.(MD)No.1 of 2007 Vernatius Anto ... Petitioner Vs Patrick Kingsely Iruthayaraj ... Respondent Prayer Petition filed under Section 24 of Civil Procedure Code, to transfer the I.D.O.P.No.68 of 2007 pending on the file of the District Court, Dindigul to the District Court, Kanyakumari at Nagercoil and may be tried along with the I.D.O.P.No.137 of 2007 pending on the file of the District Court, Kanyakumari at Nagercoil. !For Petitioner ... Mr.B.Pugalendhi ^For Respondent ... No appearance :ORDER
The petitioner, who is the wife of the respondent herein, has come forward
with this petition seeking to get transferred I.D.O.P.No.68 of 2007 pending on
the file of the District Court, Dindigul to the file of the District Court,
Kanyakumari to be tried along with the I.D.O.P.No.137 of 2007 on the file of the
District Court, Kanyakumari.
2. Heard the learned counsel appearing for the petitioner and there is no
representation on behalf of the respondent, despite service of notice.
3. The background facts which are absolutely necessary for the disposal of
this petition would run thus:
The petitioner, who is the wife of the respondent herein, filed
I.D.O.P.No.137 of 2007 in the District Court, Kanyakumari at Nagercoil for
restitution of conjugal rights, whereas the husband has filed I.D.O.P.No.68 of
2007 in the District Court, Dindigul for divorce.
4. It is the case of the petitioner that even though, the husband earlier
filed I.D.O.P.No.68 of 2007 in the District Court, Dindigul, yet the wife had
chosen to file the I.D.O.P.No.137 of 2007 in the District Court, Kanyakumari at
Nagercoil. Now the grievance of the petitioner is that for every hearing she
could not travel such a long distance of 300 Kilometres from Nagercoil to
Dindigul to attend the Court as she is not having anyone’s assistance and her
parents are no more. Hence, the petitioner wants the I.D.O.P.NO.68 of 2007 to be
transferred to the District Court, Kanyakumari at Nagercoil.
5. I could see considerable force in the submissions made by the learned
counsel for the petitioner on behalf of the petitioner reiterating the stand
taken in the petition. Taking into consideration the aforesaid facts, I am of
the considered view that I.D.O.P.No.68 of 2007 could be transferred to the
District Court, Kanyakumari at Nagercoil for being dealt along with
I.D.O.P.N.137 of 2007 as per law.
6. In the result, I.D.O.P.No.68 of 2007 on the file of the District Court,
Kanyakumari is transferred to the file of the District Court, Kanyakumari at
Nagercoil. The Transferee Court is directed to try I.D.O.P.No.68 of 2007 along
with I.D.O.P.N.137 of 2007 as per law.
7. With the above observations, this petition is disposed of. No costs.
Consequently, connected Miscellaneous petition is closed.
smn
To
1.The Principal District Judge,
Dindigul.
2.The Principal District Judge,
Kanyakumari at Nagercoil.