1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2011 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM Tr.CMP(MD)No.55 of 2011 and M.P(MD)No.1 of 2011 R.Chitra .. Petitioner Vs. P.Prabhu .. Respondent Petition filed under Section 24 of Civil Procedure Code, 1908 praying to withdraw and transfer H.M.O.P.No.329 of 2010 pending on the file of the Sub Court, Dindigul to the Sub Court, Uthamapalayam to be tried along with H.M.O.P.No.4 of 2011 and pass such other further necessary orders. For petitioner : Mr.D.Senthil For respondent : Mr.B.Jeyakumar[No appearance] 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.329 of 2010 from the file of the Sub Court, Dindigul to the file of Sub Court, Uthamapalayam. 2. It is stated in the petition that the respondent is the husband of the petitioner and he filed H.M.O.P.No.329 of 2010 praying to pass 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 in Uthamapalayam Taluk and she is not in a position to make frequent visit to Dindigul for making her appearance in H.M.O.P.No.329 of 2010. Under the said circumstances, the present petition has been filed for getting the relief sought for therein. 3. Considering the fact that the petitioner is residing in Uthamapalayam Taluk and the respondent is residing in Nilakkottai Taluk, this Court is of the view to transfer H.M.O.P.No.329 of 2010 from the file of the Sub Court, Dindigul to the file of Sub Court, Periyakulam and to that extent the present petition can be allowed. 4. In fine, this petition is allowed without costs and H.M.O.P.No.329 of 2010 is ordered to be withdrawn and transferred from the file of the Sub Court, Dindigul to the file of Sub Court, Periyakulam. Consequently, connected Miscellaneous Petition is closed. smn Sd/- Assistant Registrar[AS] /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 2 To 1.The Subordinate Judge, Dindigul. 2.The Subordinate Judge, Periyakulam. +1 cc to Mr.D.Senthil, Advocate SR.No.33780. Tr.CMP(MD)No.55 of 2011 and M.P(MD)No.1 of 2011 Dated:28/09/2011 2P/4C RPB 07.10.2011 https://hcservices.ecourts.gov.in/hcservices/