1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2011 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM Tr.CMP(MD)No.81 of 2011 and M.P(MD)No.1 of 2011 Rajalakshmi .. Petitioner Vs. Kajendran .. Respondent Petition filed under Section 24 of Civil Procedure Code, 1908 praying to withdraw H.M.O.P.No.7 of 2011 from the file of the Sub Court, Ramanathapuram and transfer the same to the file of the Sub Court, Aruppukottai or to any other competent Court as this Court may deem fit and proper. For petitioner : Mr.A.Baskaran For respondent : Mr.S.Pandian O R D E R This petition has been filed under Section 24 of the Civil Procedure Code, 1908 praying to withdraw and transfer H.M.O.P.No.7 of 2011 from the file of Sub Court, Ramanathapuram to the file of Sub Court, Aruppukottai. 2. It is stated in the petition that the respondent is the husband of the petitioner and he filed H.M.O.P.No.7 of 2011 on the file of Sub Court, Ramanathapuram for the relief of restitution of conjugal rights and further it is stated in the petition that the petitioner has filed H.M.O.P.No.33 of 2011 on the file of the Sub Court, Aruppukottai and further the petitioner is living in Thiruchuli Taluk, Virudhunagar District. Under the said circumstances, the present petition has been filed for getting the relief sought for therein. 3. The learned counsel appearing for the petitioner has simply reiterated the averments made in the petition. 4. The learned counsel appearing for the respondent has contended that since H.M.O.P.No.7 of 2011 has been instituted for the relief of restitution of conjugal rights, the respondent is always ready to take the petitioner to marital abode and further the matter between the petitioner and respondent may be referred to Mediation and Conciliation Centre. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Considering the fact that H.M.O.P.No.33 of 2011 is pending for the relief of divorce on the file of Sub Court, Aruppukottai and also considering that H.M.O.P.No.7 of 2011 is pending on the file of the Sub Court, Ramanathapuram, this Court is of the view to transfer both the proceedings to the file of Sub Court, Virudhunagar. 6. In fine, this petition is allowed without costs and H.M.O.P.Nos.7 of 2011 and 33 of 2011 are ordered to be withdrawn and transferred from respective file to the file of the Sub Court, Virudhunagar. The Sub Court, Virudhunagar is directed to dispose of both the proceedings before the end of September, 2011 and report the same to the Registry without fail. Consequently, connected M.P.No.1 of 2011 is closed. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1.The Sub Judge, Ramanathapuram. 2.The Sub Judge, Aruppukottai. 3.The Sub Judge, Virudhunagar. +1 CC to Mr.A.Baskaran, Advocate (SR.No.25521) +2 CCs to Mr.S.Pandian, Advocate (SR.No.25315) Tr.CMP(MD)No.81 of 2011 and M.P(MD)No.1 of 2011 01.08.2011 smn NSV/9.8.11/2P/7C https://hcservices.ecourts.gov.in/hcservices/