1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2011 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM Tr.CMP(MD)No.202 of 2011 and M.P(MD)No.1 of 2011 Balasubramanian .. Petitioner Vs. Gayathiri .. Respondent Petition filed under Section 24 of Civil Procedure Code, 1908 praying to withdraw H.M.O.P.No.65 of 2009 on the file of the Sub Court, Ambasamudram and transfer the same to the file of Family Court, Chennai. For petitioner : Mr.T.A.Ebenezer For respondent : Mr.H.Arumugam ORDER This petition has been filed under Section 24 of the Civil Procedure Code, 1908 praying to withdraw and transfer H.M.O.P.No.65 of 2009 from the file of the Sub Court, Ambasamudram to the file of Family Court, Chennai. 2. It is stated in the petition that the petitioner has filed H.M.O.P.No.65 of 2009 under Section 9 of the Hindu Marriage Act, 1955 praying to pass a decree of restitution of conjugal rights, wherein the present respondent has been shown as respondent. Further it is stated in the petition that the petitioner has been working in Chennai and further the parents of the respondent have made arrangements to attack the petitioner at the time of making appearance in H.M.O.P.No.65 of 2009. 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 reiterated the averments made in the petition. But the learned counsel appearing for the respondent has contended that in H.M.O.P.No.65 of 2009 on the side of the petitioner, evidence has been let in and subsequently on the side of the respondent, R.W.1 has been examined in full and the matter stands posted for further examination on the side of the respondent and under the said circumstances the present petition has been filed on the basis of frivolous allegation and therefore the present petition deserves to be dismissed. 4. Considering the fact that H.M.O.P.No.65 of 2009 has been pending on the file of the Sub Court, Ambasamudram for a period of two years and also considering its stage, it is not feasible to transfer H.M.O.P.No.65 of 2009 from the file of the Sub Court, Ambasamudram to the file of Family Court, Chennai and further as stated supra in H.M.O.P.No.65 of 2009 evidence on the side of the petitioner has already been finished and therefore viewing from any angle, the relief sought for in the present petition cannot be granted and altogether the present petition deserves to be dismissed. https://hcservices.ecourts.gov.in/hcservices/ 2 5. In fine, this petition deserves dismissal and accordingly is dismissed without costs. The Sub Court, Ambasamudram is directed to dispose of H.M.O.P.No.65 of 2009 before the end of October, 2011 and report the same to the Registry without fail. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To The Subordinate Judge, Ambasamudram. +1cc to Mr.H.Arumugam, Advocate SR.No.31255 Tr.CMP(MD)No.202 of 2011 and M.P(MD)No.1 of 2011 13.09.2011 smn PA/19.09.2011/2P/3C https://hcservices.ecourts.gov.in/hcservices/