BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06/11/2007 CORAM: THE HONOURABLE MR.JUSTICE G.RAJASURIA Tr.C.M.P(MD) No.124 of 2007 and M.P.(MD)No.1 of 2007 Silviya Esther ... Petitioner Vs Ruban Jayasingh ... Respondent Prayer Petition filed under Section 24 of Civil Proceudre Code, to withdraw the I.D.O.P.No.53 of 2004 pending before the Family Court, Madurai and transfer the same to the Family Court, Tuticorin. !For Petitioner ... Mr.Kingslysolomon J ^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.53 of 2004 pending on
the file of the Family Court, Madurai to the file of the Family Court,
Tuticorin.
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 quintessence of the grievance of the petitioner as aired by the
learned counsel for the petitioner is to the effect that the respondent, her
husband filed a petition in I.D.O.P.No.53 of 2004 in the Family Court, Madurai
for divorce; for the past ten hearings, the husband of the petitioner did not
appear before the Court; the petitioner finds it very difficult to visit the
Family Court at Madurai for every hearing as she is not having any financial
wherewithal to travel from Tuticorin to Madurai to attend the Court proceedings
and that she is not in receipt of any travelling allowance or maintenance.
Hence, the petitioner wants the I.D.O.P.NO.53 of 2004 to be transferred to the
concerned jurisdictional Court at Tuticorin.
4. 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. Hence, in these circumstances, I.D.O.P.No.53 of 2004 on
the file of the Family Court, Madurai is transferred to the file of the
Principal District Court, Tuticorin.
5. With the above observations, this petition is disposed of. No costs.
Consequently, connected Miscellaneous petition is closed.
smn
To
1.The Principal District Judge,
Tuticorin.
2.Family Court, Madurai