1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM Tr CMP (MD)No.189 of 2011 and MP(MD)No.1 of 2011 B.Gomathinayagam @ Deivanayagam .. Petitioner/Respondent Vs. Sivasankari .. Respondent/Petitioner Transfer Civil Miscellaneous Petition filed under section 24 of CPC to withdraw and transfer HMOP No.16 of 2009 from the file of Sub Court, Ambasamudram to the file of Third Additional Sub Court, Madurai to try the same along with HMOP No.540 of 2009. For Petitioner : Mr.Veera Kathiravan For Respondent : No appearance ORDER This Transfer Civil Miscellaneous Petition has been filed under section 24 of the Code of Civil Procedure, 1908 praying to withdraw and transfer HMOP No.16 of 2009 from the file of Sub Court, Ambasamudram to the file of Third Additional Sub Court, Madurai so as to try the same along with HMOP No.540 of 2009. 2. It is stated in the petition that the petitioner has filed HMOP No.540 of 2009 on the file of the Third Additional Sub Court, Madurai for getting an order of divorce, wherein the respondent has been shown as respondent and likewise the respondent as petitioner has filed HMOP No.16 of 2009 on the file of the Sub Court, Ambasamudram for getting an order of restitution of conjugal rights and further it is stated in the petition that the petitioner is having a mentally retarded daughter and he is not in a position to go to Ambasamudram for making his appearance in HMOP No.16 of 2009. Under the said circumstances, the present petition has been filed for getting the relief sought for therein. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Considering the reason given in the petition this Court is of the view to allow the present petition. 4. In fine, this petition is allowed without cost and HMOP No.16 of 2009 is ordered to be withdrawn and transferred from the file of Sub Court, Ambasamudram to the file of Third Additional Sub Court, Madurai so as to try the same along with HMOP No.540 of 2009. Connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Subordinate Juge, Ambasamudram 2.The Third Additional Subordinate Judge, Madurai +One cC to Mr.Veera Kathiraavan, Advocate, SR.No.30302 Mj rl/4 c- 19.9.2011 Tr CMP (MD)No.189 of 2011 07.09.2011 https://hcservices.ecourts.gov.in/hcservices/