1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P (MD).No.212 of 2011 and M.P (MD) No.1 of 2011 A.Nithya .. Petitioner/Respondent -Vs- G.Sureshkumar .. Respondent/Petitioner PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw the case in HMOP No.233 of 2010 on the file of the Sub-Court, Srivilliputhur and transfer to the III Additional Sub-Court, Madurai. For Petitioner : Mr.V.Sasikumar For Respondent : Mr.M.JothiBasu O R D E R After invoking the proviso to section 24 of the Code of Civil Procedure, 1908, the petitioner has filed the petition with a prayer to withdraw the case in H.M.O.P.No.233 of 2010 from the file of the Sub-Court, Srivilliputhur and transfer to the file of learned III Additional Subordinate Judge, Madurai for being heard and dispose of along with the petition in H.M.O.P.No.165 of 2011, which is pending on the file of the learned III Additional Subordinate Judge, Madurai. 2. The petitioner is the legally wedded wife of the respondent. Their marriage was solemnized on 04.12.2008 at Serukkur Kalyana Mahal, Srivilliputhur, Virudhunagar District. On account of matrimonial dispute, the respondent has filed a petition in H.M.O.P.No.233 of 2010, on the file of the Sub-Court, Srivilliputhur for the relief of divorce. Now the petitioner, who is the respondent therein, was examined as P.W.1 and she has to be cross-examined. In the interregnum, the petitioner has also filed another petition in H.M.O.P.No.165 of 2011, seeking the relief of restitution of conjugal rights on the file of the learned III Additional Subordinate Judge, Madurai. She has also filed another petition for claiming a maintenance case in M.C.No.12 of 2011, on the file of the learned Additional Chief Judicial Magistrate, Madurai. Now the petitioner being the wife has sought the relief of transfer of H.M.O.P.No.233 of 2010 from the file of the learned Subordinate Judge, Srivilliputhur to the file of the learned III Additional Subordinate Judge, Madurai. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Mr.M.Jothi Basu, learned counsel for the respondent has vehemently objected for the withdrawal of H.M.O.P.No.233 of 2010 from the file of the learned Subordinate Judge, Srivilliputhur to the file of the learned III Additional Subordinate Judge, Madurai. 4. However, this Court having regard to the related facts and circumstances of the case and the pendency of another case in H.M.O.P.No.165 of 2011, for the relief of restitution of conjugal rights on the file of the learned III Additional Subordinate Judge, Madurai, this Court finds that it may be expedient in the interest of justice to transfer the petition in H.M.O.P.No.233 of 2010 from the file of the learned Subordinate Judge, Srivilliputhur to the file of the learned III Additional Subordinate Judge, Madurai to be tried along with H.M.O.P.No.165 of 2011. 5. Accordingly, this petition is allowed and the H.M.O.P.No.233 of 2010 is ordered to be withdrawn from the file of the learned Subordinate Judge, Srivilliputhur and transferred to the file of the learned III Additional Subordinate Judge, Madurai to be tried along with this petition in H.M.O.P.No.165 of 2011. The learned Subordinate Judge, Srivilliputhur is directed to transfer the case records relating to H.M.O.P.No.233 of 2010 to the file of the learned III Additional Subordinate Judge, Madurai within a period of three weeks and on receipt of this records, the learned III Additional Subordinate Judge, Madurai is also directed to dispose of the petitions viz., H.M.O.P.Nos.165 of 2011 and 233 of 2010 within a period of three months under intimation to this Court. Consequently, connected miscellaneous petition is also closed. There is no order as to costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1. The Subordinate Judge, Srivilliputhur. 2. The III Additional Subordinate Judge, Madurai. +1cc to M/s.G.Marimuthu, Advocate, Sr.No.36419 Copy to the Section Officer(Judl.Department), Madurai Bench of Madras High Court, Madurai (for report) ps ssk/02.11.2011 /5c -2p/- Tr.C.M.P.(MD).No.212 of 2011 and M.P (MD) No.1 of 2011 20.10.2011 https://hcservices.ecourts.gov.in/hcservices/