1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2011 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM Tr.CMP(MD)No.120 of 2011 and M.P(MD)No.1 of 2011 R.Sathya .. Petitioner Vs. A.M.Mohan .. Respondent Petition filed under Section 24 of Civil Procedure Code, 1908 praying to withdraw H.M.O.P.No.174 of 2010 on the file of the Sub Court, Karur and transfer the same to the file of the Sub Court, Palani and pass such further or other orders. For petitioner : Mr.R.Boomirajan For respondent : Mr.P.Athimoolapandian 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.174 of 2010 from the file of the Sub Court, Karur to the file of the Sub Court, Palani. 2. It is stated in the petition that the respondent is the husband of the petitioner and he filed H.M.O.P.No.174 of 2010 on the file of the Sub Court, Karur for getting the relief of divorce, wherein the present petitioner has been shown as respondent and further it is stated in the petition that the petitioner is residing at Palani and she is not in a position to make frequent visit to Karur for attending H.M.O.P.No.174 of 2010. Under the said circumstances, the present petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The learned counsel appearing for the petitioner has simply reiterated the averments made in the petition. But the learned counsel appearing for the respondent has contended that in H.M.O.P.No.174 of 2010, the present petitioner has remained ex-parte and the matter has been posted for taking ex-parte evidence and therefore the present petition is not legally maintainable. 4. Considering the fact that the present petitioner has remained ex-parte in H.M.O.P.No.174 of 2010, this Court is of the view that the present petition is not legally maintainable at this stage and the same is liable to be dismissed. 5. In fine, this petition deserves dismissal and accordingly is dismissed without costs. However the petitioner is at liberty to file a similar petition after setting aside the ex-parte order passed in H.M.O.P.No.174 of 2010. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To The Subordinate Judge, Karur. +1 CC to Mr.R.Boomirajan, Advocate (SR.No.5480) Tr.CMP(MD)No.120 of 2011 and M.P(MD)No.1 of 2011 22.08.2011 smn NSV/5.9.2011/2P/3C https://hcservices.ecourts.gov.in/hcservices/