1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2011 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM Tr.CMP(MD)No.160 of 2011 and M.P(MD)No.1 of 2011 Palaniramuthai @ Vasuki .. Petitioner/Respondent Vs. Nagarajan .. Respondent/petitioner Petition filed under Section 24 of Civil Procedure Code praying to withdraw H.M.O.P.No.291 of 2011 pending on the file of Family Court, Madurai, and transfer the same to be tried along with H.M.O.P.No.23 of 2011, on the file of Sub Court, Periyakulam. For petitioner : Mr.C.Christopher For respondent : Mr.C.Godwin 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.291 of 2011 from the file of the Family Court, Madurai, to the file of the Sub Court, Periyakulam, so as to try the same along with H.M.O.P.No.23 of 2011. 2. It is stated in the petition that the respondent is the husband of the petitioner and he has filed H.M.O.P.No.291 of 2011 on the file of the Family Court, Madurai, for getting the relief of divorce. Further it is stated in the petition that the petitioner has filed H.M.O.P.No.23 of 2011 on the file of the Sub Court, Periyakulam, for getting the relief of restitution of conjugal rights. Since H.M.O.P.No.23 of 2011 is pending on the file of the Sub Court, Periyakulam, H.M.O.P.No.291 of 2011 is liable to be withdrawn and transferred from the file of Family Court, Madurai. Under the said circumstances, the present petition has been filed. 3. Considering the fact that the petitioner has filed H.M.O.P.No.23 of 2011 on the file of Sub Court, Periyakulam, and also considering the fact that the respondent as petitioner has filed H.M.O.P.No.291 of 2011 on the file of the Family Court, Madurai, this Court is of the view that both the proceedings must be tried together. Under the said circumstances, the present petition can be allowed. https://hcservices.ecourts.gov.in/hcservices/ 2 4. In fine, this petition is allowed without costs and H.M.O.P.No.291 of 2011 is ordered to be withdrawn and transferred from the file of the Family Court, Madurai, to the file of the Sub Court, Periyakulam, so as to try the same along with H.M.O.P.No.23 of 2011. The Sub Court, Periyakulam, is strictly directed to dispose of both proceedings before the end of October 2011, without fail. Consequently, connected M.P.No.1 of 2011 is closed. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1. The Presiding Officer, Family Court, Madurai. 2. The Subordinate Judge, Periyakulam. +1cc to Mr.C.Godwin, Advocate Sr.No.24230 rj2 ssk/01.08.2011 /4c-2p/- Tr.CMP(MD)No.160 of 2011 and M.P(MD)No.1 of 2011 22.07.2011 https://hcservices.ecourts.gov.in/hcservices/