1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2011 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM Tr.CMP(MD)No.122 of 2011 and M.P(MD)No.1 of 2011 P.Ponmalar .. Petitioner Vs. D.Raj .. Respondent Petition filed under Section 24 of Civil Procedure Code, 1908 praying to withdraw H.M.O.P.No.64 of 2011 from the file of the Sub Court, Theni and to transfer the same to the file of the Sub Court, Aruppukkottai and to try together with H.M.O.P.No.58 of 2011. For petitioner : Mr.PT.S.Narendravasan For respondent : Mr.H.Velavadass 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.64 of 2011 from the file of the Sub Court, Theni to the file of the Sub Court, Aruppukkottai, where H.M.O.P.No.58 of 2011 is pending. 2. It is stated in the petition that the petitioner has filed H.M.O.P.No.58 of 2011 on the file of the Sub Court, Aruppukkottai for the relief of restitution of conjugal rights, whereas the respondent/husband has filed H.M.O.P.No.64 of 2011 on the file of the Sub Court, Theni for the relief of divorce. Further it is stated in the petition that the petitioner is residing at Aruppukkottai Taluk. Under the said circumstances, the petitioner is not in a position to make her appearance in H.M.O.P.No.64 of 2011 and therefore the present petition has been filed for getting the relief sought for therein. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Considering the fact that the petitioner is residing at Aruppukkottai Taluk and the respondent is working in Theni, this Court is of the view that both proceedings can be withdrawn and transferred from its respective Court to the file of Sub Court, Srivilliputhur. 4. In fine, this petition is allowed without costs and H.M.O.P.Nos.64 of 2011 and 58 of 2011 are ordered to be withdrawn from respective file and transferred to the file of the Sub Court, Srivilliputhur. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Subordinate Judge, Theni. 2.The Subordinate Judge, Aruppukkottai. 3.The Subordinate Judge, Srivilliputhur. +1cc to Mr.PT.S.Narendravasan, Advocate, Sr.No.28561 Tr.CMP(MD)No.122 of 2011 and M.P(MD)No.1 of 2011 22.08.2011 smn SMA/8.9.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/