S SHANMUGA SUNDARI Vs. U SELVAKUMAR

JUDGEMENT

(1.) THIS transfer civil miscellaneous petition has been filed praying that this Court may be pleased to withdraw H.M.O.P.No.659 of 2009, pending on the file of the Family Court, Coimbatore and to transfer the same to the Subordinate Court, Tuticorin.

(2.) IT has been stated that the marriage between the petitioner and the respondent was solemnised, as per the Hindu rites and customs, on 1.5.2000, at Mela Koottidankadu, Tuticorin District. A male child was born to the petitioner out of the wedlock, on 26.5.2002. Thereafter, in the year, 2003, the respondent had shifted the matrimonial home to No.10/69, Anna Street, Seernaickenpalayam, Coimbatore, where the petitioner and the respondent had lived, for nearly three years. Thereafter, the respondent had moved to the State of West Bengal, in the year, 2006.

(3.) THIS Court, by an order, dated 28.10.2009, had directed service of notice on the respondent. A notice had been sent to respondent at the address furnished in H.M.O.P.No.659 of 2009. Since, the envelope had been returned with the endorsement `No such addressee', this Court, by an order, dated 3.2.2010, had directed issuance of notice, by publication in the Tamil daily, 'Malai Malar'. After the publication of the notice in the Tamil daily `Malai Malar', as directed by this Court, the name of the respondent had been printed in the Court cause list. However, there is no appearance on behalf of the respondent, either in person or through a counsel. Hence, the transfer civil miscellaneous petition is allowed, as prayed for by the petitioner. No costs. Consequently, connected miscellaneous petition is closed.