JUDGMENT : 1. The petitioner is the wife and the respondent is the husband. 2. The respondent has levied divorce case against the petitioner in H.M.O.P.No.151 of 2009 and the same is pending on the file of the Principal Subordinate Court, Tirupur. 3. Seeking for transfer of the above said proceeding to the Subordinate Court, Karur, the present transfer civil miscellaneous petition has been laid by the petitioner / wife on the footing that she is a dependant upon her parents and unable to attend the H.M.O.P. proceeding at Tirupur Court and also apprehends danger to her life and body at the hands of the respondent / husband in the event of her attending the H.M.O.P. proceeding at Tirupur Court and also contended that no prejudice would be caused to the respondent / husband, if the proceeding is transferred to Karur Court, accordingly, prayed for transfer. 4. On a perusal of the materials placed on record, it is seen that in the abovesaid transfer civil miscellaneous petition, this Court had ordered notice to the respondent returnable by 20.07.2017, by order dated 05.07.2017 and also directed the matter to be posted on 20.07.2017 and further ordered that till such time, there shall be an order of interim stay of the proceedings pending before the Principal Subordinate Court, Tirupur, in H.M.O.P.No.151 of 2009. 5. It is noted that thereafter, the respondent had entered appearance in the transfer civil miscellaneous petition through his counsel and subsequent thereto, the matter had been listed on 27.11.2018 and at request, again, listed on 29.11.2018 and the counsel for the petitioner putforth his submissions in support of the transfer request as projected in the transfer civil miscellaneous petition. 6. It is noted that thereafter, the respondent had entered appearance in the transfer civil miscellaneous petition through his counsel and subsequent thereto, the matter had been listed on 27.11.2018 and at request, again, listed on 29.11.2018 and the counsel for the petitioner putforth his submissions in support of the transfer request as projected in the transfer civil miscellaneous petition. 6. The counsel for the respondent had filed a typed set and contended that the petitioner has suppressed the material facts in the transfer civil miscellaneous petition as regards the stage of H.M.O.P. Proceedings, pending on the file of the Principal Subordinate Court, Tirupur and according to him, knowing fully well that in H.M.O.P.No.151 of 2009, the parties had already adduced evidence as regards the issues involved in the matter and the trial had almost concluded and further represented that at present, the matter is at the stage of arguments and accordingly, contended that when the trial of the proceedings in H.M.O.P.No.151 of 2009 had come to a final stage, there is no need for transferring the abovesaid proceeding as prayed for by the petitioner and thereby, sought for the dismissal of the transfer civil miscellaneous petition. 7. As could be seen from the materials available in the typed set placed by the respondent's counsel, it is found that in H.M.O.P.No.151 of 2009, the petitioner had filed her counter on 07.06.2011 and on the side of the respondent, P.W.1 had been examined on 06.01.2017 and Exs.P1 to P4 were marked on his side and on 03.02.2017, P.W.1 had been fully cross-examined by the petitioner / wife and thereafter, on 17.03.2017, the petitioner / wife had examined herself as R.W.1 in chief and she had been fully cross-examined on 18.04.2017. On 09.06.2017, on behalf of the petitioner / wife, R.W.2 had been examined in chief and Exs.R1 and R2 were marked and thereafter, as R.W.2 did not enter appearance, despite several adjournments, it is seen that on 24.08.2017, the petitioner / wife's counsel represented that the party may be called and the petitioner / wife having been called and remaining absent and R.W.2 also called and remaining absent, it is found that the Court concerned had closed the cross-examination of R.W.2 and also closed the petitioner / wife's evidence and posted the matter for arguments. On 11.09.2017, it is seen that on the side of the respondent / husband, a memo has been filed as the Tr.C.M.P.(MD) No.276 of 2017 is pending and as there has been no representation for the petitioner / wife, it is seen that thereafter, the matter stands adjourned to several dates. Thus, from the above materials placed by the respondent / husband, it is seen that even before the stay order had been granted by this Court on 05.07.2017, much prior to the same, the husband and wife had been examined in the H.M.O.P., and on 09.06.2017, R.W.2 had been examined on behalf of the petitioner / wife. As abovenoted, thereafter, R.W.2 did not enter appearance and accordingly, his evidence had been closed, consequently, the petitioner / wife's evidence had also been closed. Though the interim stay order had been granted by this Court, by order dated 05.07.2017, there is no material to show as to when the above said order had been communicated to the Court below. Be that as it may, the interim stay granted by this Court had been ordered to be in force only from 05.07.2017 till 20.07.2017, thereafter, the interim stay is not found to be extended further. In any event, even prior to 05.07.2017, when in the H.M.O.P., both the husband and the wife had tendered evidence and thereafter, on 09.06.2017, R.W.2 had been examined in chief and on his not appearing further, his evidence is found to have been closed on 24.08.2017, when the operation of the interim stay is not in force and the matter had been adjourned for arguments, it is found that only on 11.09.2017 as could be seen from the typed set, the Court below had been informed about the pendency of the transfer civil miscellaneous petition. 8. 8. In the light of the above factual position, when to the knowledge of the petitioner / wife even prior to 05.07.2017, the parties concerned in the divorce proceeding had tendered evidence as regards their respective contentions and nothing further remains thereafter, other than the making the oral submissions for concluding the H.M.O.P., proceeding, it is found that the petitioner had suppressed the same in this transfer civil miscellaneous petition and had not averred anything about the matter being at the partheard stage before the Court below, in such view of the matter, it is seen that the petitioner having suppressed the stage of the H.M.O.P., in the transfer civil miscellaneous petition and as it is seen that on the date, when the notice had been ordered in the transfer civil miscellaneous petition, both parties had tendered evidence in the divorce case and the interim stay granted by this Court has been in force only for a short period ranging from 05.07.2017 till 20.07.2017 and the same had not been extended further and when there is no material placed to show that the abovesaid fact had been apprised to the Court below and as could be seen from the typed set, further proceeding in the matter had commenced only after 20.07.2017 and on 24.08.2018 only, the Court below had closed R.W.2's evidence and consequently, closed the petitioner / wife's evidence, in all, when it is noted that the divorce case of the respondent / husband had come to a finality and the parties are required to only to place their oral submissions in respect of their respective cases, in such view of the matter, as rightly putforth by the respondent / husband's counsel, nothing survives in the transfer civil miscellaneous petition and in such view of the matter, the petitioner having suppressed the part-heard stage of the H.M.O.P., and also found to have thereby misled this Court and had obtained interim stay for a short period, in my considered opinion, no further indulgence should be shown in favour of the petitioner / wife and accordingly, considering the abovesaid factual position, the transfer request of the petitioner / wife is not entitled for acceptance. 9. Resultantly, the transfer civil miscellaneous petition fails and it is accordingly, dismissed with costs. Consequently, connected miscellaneous petition is closed.