K G PRIYA Vs. V BALASUBRAMANIAN

JUDGEMENT

(1.) THE petition is to withdraw H. M. O. P. No. 44 of 2002 from the file of the sub-Court, Arni and transfer the same to the file of sub-Court, Gudiyattam.

(2.) THE petition for transfer has been filed by the wife. The proceedings are pending in Sub-Court, Arni; evidence has been recorded, and the matter was posted for R. W. 1's evidence. After chief examination, it was adjourned for R. W. 1's cross examination. On that date, there was no cross-examination of R. W. 1 due to Advocate's Boycott. Thereafter, on 7. 10. 2004 R. W. 1 did not appear, and therefore she was set ex parte and the matter was posted for arguments. At that stage, the transfer application has been filed.

(3.) IN view of the fact that the evidence is almost over already (R. W. 1's cross-examination to be completed), the matter cannot be transferred at this stage. Hence, the petition is dismissed. However, the learned Subordinate Judge, Arni, may give an opportunity to cross-examine R. W. 1 and then proceed, if a petition is filed to that effect. Hence, the petition is dismissed. No costs. Consequently, CMP No. 16664 of 2004 is dismissed.