1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.07.2011 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM Tr.CMP.(MD).No.144 of 2011 Naga Prabha ... Petitioner/Respondent Vs. T.Marimuthu ... Respondent/Petitioner Prayer: Petition filed under Section 24 of Civil Procedure Code to withdraw the H.M.O.P.No.227 of 2010 pending on the file of the Sub-Court, Srivilliputhur, Virudhunagar District and transfer the same to the Sub-Court, Dindigul to be tried along with H.M.O.P.No.141 of 2011. For petitioner : Mr.K.Hariharan For respondent : Mr.G.Marimuthu O R D E R This petition has been filed under Section 24 of the Civil Procedure Code praying to withdraw and transfer H.M.O.P.No.227 of 2010 from the file of the Sub-Court, Srivilliputhur, Virudhunagar District to the file of the Sub- Court, Dindigul so as to try the same along with H.M.O.P.No.141 of 2011. 2.It is stated in the petition that the respondent is the husband of the petitioner and he filed H.M.O.P.No.227 of 2010 on the file of the Sub-Court, Srivilliputhur, Virudhunagar District for getting the relief of divorce, whereas the petitioner has filed H.M.O.P.No.141 of 2011 on the file of the Sub-Court, Dindigul for the relief of restitution of conjugal rights and further it is stated in the petition that the petitioner is having a child of tender age. Under the said circumstances, she is not in a position to make frequent visit to Srivilliputhur for the purpose of attending in H.M.O.P.No.227 of 2010. Under the said circumstances, the present petition has been filed. 3.Considering the fact that the petitioner has filed H.M.O.P.No.141 of 2011 on the file of the Sub-Court, Dindigul for the relief of restitution of conjugal rights and the same is pending and also considering that H.M.O.P.No.227 of 2010 has been filed by the respondent on the file of the Sub-Court, https://hcservices.ecourts.gov.in/hcservices/ 2 Srivilliputhur, this Court is of the view that both the proceedings must be tried together. Under the said circumstances, the relief sought for in the present petition can be granted. 4.In fine, this petition is allowed without costs and H.M.O.P.No.227 of 2010 is ordered to be withdrawn and transferred from the file of the Sub-Court, Srivilliputhur, Virudhunagar District to the file of the Sub-Court, Dindigul. The Sub-Court, Dindigul is strictly directed to dispose of both the proceedings before the end of October 2011 and report the same to the Registry without fail. Consequently, connected M.P.No.1 of 2011 is closed. Sd/- Assistant Regsitrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The Sub-Court, Srivilliputhur, Virudhunagar District 2.The Sub-Court, Dindigul. 3.The Section Officer, Judicial Department, Madurai Bench of Madras High Court, Madurai +One cc to Mr.G.Marimuthu, Advocate,SR.No.23602 Vs rl/5c – 22.7.2011 Tr.CMP.(MD).No.144 of 2011 https://hcservices.ecourts.gov.in/hcservices/