BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21/02/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA Tr.C.M.P.(MD) No.164 of 2007 and M.P.(MD) No.1 of 2007 Shyamala .. Petitioner Vs. R.K.Raja .. Respondent Prayer Petition filed under Section 24 read with 151 of Code of Civil Procedure to withdraw the H.M.O.P.No.44 of 2007 from the file of the Sub Court, Aruppukkottai and transfer to Family Court, Madurai. !For Petitioner ... Mr.V.Sitharanjandas ^For Respondent ... No appearance :JUDGMENT
This petition is focussed to withdraw the H.M.O.P.No.44 of 2007 from the
file of the Sub Court, Aruppukkottai and transfer it to Family Court, Madurai.
2. Heard the learned counsel for the petitioner. Despite service of
notice to the respondent on 14.12.2007, no one has appeared. Hence, the matter
is being disposed of on merits.
3. The facts leading to the filing of this Transfer Civil Miscellaneous
Petition would run thus:
The respondent/husband filed H.M.O.P.44 of 2007 in Sub Court,
Aruppukkottai, seeking divorce. The grievance of the petitioner/wife is that
she being the mother having the responsibility to look after her four years old
minor child cannot afford to go every time to Aruppukkottai so as to attend the
matrimonial proceedings pending before the Sub Court, Aruppukkottai, Hence,
she prays for transfer of H.M.O.P.No.44 of 2007 from the file of the Sub Court,
Aruppukkottai, to Family Court, Madurai.
4. The point for consideration is as to whether there is justification on
the part of the wife in seeking transfer of the H.M.O.P.No.44 of 2007 from the
file of the Sub Court, Aruppukkottai, to Family Court, Madurai?
5. Point: Perused records. The learned counsel for the petitioner would
convincingly and correctly highlight the fact that the petitioner being the
mother having the responsibility to look after her four year old minor child,
cannot afford to travel all along to Aruppukkottai so as to attend the
matrimonial proceedings pending before the Sub Court, Aruppukkottai. I could see
considerable force in the submission made by the learned counsel for the
petitioner. Hence, I would like to transfer H.M.O.P.No.44 of 2007 from Sub
Court, Aruppukkottai, to Family Court, Madurai, and no prejudice would be caused
to the respondent herein.
6. In the result, H.M.O.P.No.44 of 2007 pending on the file of the Sub
Court, Aruppukkottai, is withdrawn and transferred to the Family Court, Madurai,
to be dealt with as per law. Consequently, connected M.P.(MD) No.1 of 2007 is
closed. No costs.
sj
To
1.The Judge,
Family Court,
Madurai.
2.The Subordinate Judge,
Aruppukkottai.