1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2011 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM Tr.CMP(MD)No.146 of 2011 and M.P.(MD)No.1 of 2011 Vijayalakshmi .. Petitioner/Respondent Vs. Saravanan .. Respondent/Petitioner Petition filed under Section 24 of Civil Procedure Code 1908, praying to withdraw H.M.O.P.No.519 of 2008 on the file of the Family Court, Madurai and transfer the same to the file of the Sub Court, Trichirappalli. For Petitioner : Mr.T.Vadivelan For Respondent : Mr.B.A.Muruganantham 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.519 of 2008 from the file of the Family Court, Madurai to the file of the Sub Court, Trichirappalli. 2. It is stated in the petition that the respondent is the husband of the petitioner and he filed H.M.O.P.No.519 of 2008 for getting a decree of restitution of conjugal rights wherein the present petitioner has been shown as respondent and further it is stated in the petition that the petitioner is residing at Trichirappalli and she is not in a position to make frequent visit to Madurai for making her appearance in H.M.O.P.No.519 of 2008. Under the said circumstances the present petition has been filed. 3. The learned counsel appearing for the petitioner has advanced his argument on the basis of the averments made in the petition, but the learned counsel appearing for the respondent has contended that in H.M.O.P.No.519 of 2008 the respondent/petitioner has been examined as P.W.1 and evidence on the side of the petitioner is closed and the matter has been posted for adducing evidence on the side of the respondent. Under the said circumstances the present petition has been filed and therefore the relief sought for in the present petition cannot be granted. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Considering the fact that H.M.O.P.No.519 of 2008 has been instituted for restitution of conjugal rights wherein on the side of the petitioner therein evidence has been completed, this Court is of the view that it is not feasible to grant the relief sought for in the petition and altogether the present petition deserves to be dismissed. 5. In fine, this petition deserves dismissal and accordingly is dismissed without costs and the Family Court, Madurai is directed to dispose of H.M.O.P.No.519 of 2008 before the end of November 2011 and report the same to the Registry without fail. Consequently, connected M.P.No.1 of 2011 is closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1. The Judge, Family Court, Madurai. 2. The Subordinate Judge, Trichirappalli. +1 CC to Mr.B.A.Muruganantham, Advocate (SR.No.31403) Tr.CMP(MD)No.146 of 2011 and M.P.(MD)No.1 of 2011 14.09.2011 rj2 NSV/19.9.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/