JUDGMENT S. VIMALA, J. 1. The respondent/husband has filed a petition in H.M.O.P. No. 100 of 2014 before the Sub Court, Kovilpatti, seeking relief of divorce. This petition has been filed by the wife to withdraw H.M.O.P. No. 100 of 2014 on the file of the Sub Court, Kovilpatti and to transfer the same to the file of the Sub Court, Ramanathapuram on the ground that she is depending upon the income of her aged parents and she has no where withal to survive. 2. On the transfer petition being posted for admission, this Court has ordered notice to the respondent/husband. Notice was returned with an endorsement Addressee left India. Therefore, this Court has ordered notice to the trial Court counsel who has represented the respondent/husband and the notice has been served upon the counsel. 3. The learned counsel appearing for the petitioner has placed reliance on the Appellate Side rules provided under Order VII, Rule 3(1) and stated that in any appeal, or other proceeding instituted in the High Court before the disposal of the main proceeding in the subordinate Court, notice shall be served on the practitioner who represents the party in the main proceeding in the subordinate Court. Rightly notice has been served on the counsel who represented the respondent/husband in the trial Court. Under such circumstances, notice to the respondent/husband is held sufficient and is valid. 4. When the allegations made in the transfer petition has not been disputed or controverted by the other side, then the implication is that the averments made are true. The main allegation levelled in the petition is that the wife has no independent income and she has to depend on her parents for her livelihood. When the wife is depending on her parents for her livelihood itself, it will be difficult for her to travel all the way from Ramanathapuram to Kovilpatti and effectively contest the proceedings. Therefore, the Transfer Civil Miscellaneous Petition has to be allowed and it is allowed accordingly. While taking the case on file, the learned Sub Judge, Ramanathapuram, shall issue notice on the counsel who represented the respondent/husband in the trial Court. No costs. Consequently, the connected miscellaneous petition is closed.