BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.08.2011 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM Tr.CMP(MD)No.104 of 2011 and MP(MD)No.1 of 2011 R.Sivagami :Petitioner/Respondent -Vs- N.Karthic Kannan :Respondent/Petitioner Petition filed under Section 24 of Civil Procedure Code 1908, praying to withdraw H.M.O.P.No.573 of 2009 on the file of the Sub Court, Tambaram and transfer the same to the file of the Family Court, Dindigul. For Petitioner:Mr.R.Venkateswaran For Respondent:No appearance 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.573 of 2009 from the file of the Sub Court, Tambaram to the file of the Family Court, Dindigul. 2.It is stated in the petition that the respondent is the husband of the petitioner and he filed H.M.O.P.No.573 of 2009 on the file of the Sub Court, Tambaram praying to pass an order of restitution of conjugal rights, wherein the present petitioner has been shown as sole respondent and further it is stated in the petition that the petitioner is residing at Dindigul with a child of tender age and she is not in a position to go to Tambaram frequently for making her appearance in H.M.O.P.No.573 of 2009. Under the said circumstances the present petition has been filed. 3.Even though the respondent has been served with summons, appearance has not been made. Under the said circumstances, the present petition can be disposed of on the basis of the contention put forth on the side of the petitioner. 4.As stated supra it is stated in the petition that the petitioner is residing at Dindigul. Considering the fact that the petitioner is residing at Dindigul and the respondent is working at Chennai, this Court is of the view to withdraw and transfer H.M.O.P.No.573 of 2009 from the file of the Sub Court Tambaram to the file of the Principal Sub Court, Trichirappalli. 5.In fine, this Petition is allowed without costs and H.M.O.P.No.573 of 2009 is ordered to be withdrawn and transferred from the file of the Sub Court, Tambaram to the file of the Principal Sub Court, Trichirappalli Consequently, connected M.P.No.1 of 2011 is closed. Sd/- Assistant Registrar (T&P) / TRUE COPY / Sub Assistant Registrar To:1.The Subordinte Judge, Tambaram. 2.The Principal Subordinate Judge, Trichirappalli. +1CC to Mr.R.Venkateswaran, Advocate. SR.No.29507. Rj2 Tr.CMP(MD)No.104 of 2011 and MP(MD)No.1 of 2011 RP/06.09.2011/1P/4C. 25.08.2011. https://hcservices.ecourts.gov.in/hcservices/