The High Court, Madras allowed a transfer petition under Section 24 CPC, directing the withdrawal of a case from the Family Court, Sivagangai, and its transfer to the Family Court, Chengalpet, upon the respondent's consent.
Transfer of H.M.O.P.No.204 of 2018 from Family Court, Sivagangai to Family Court, Chengalpet for joint trial with F.C.M.C.No.32 of 2017.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 20.12.2018
CORAM:
THE HONOURABLE MR. JUSTICE R. PONGIAPPAN
Transfer CMP. No.845 of 2018 and C.M.P.No.20896 of 2018
R.Abinaya Devi ...Petitioner Vs C.Rajeshkumar ...Respondent
PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of the Civil Procedure to withdraw the in H.M.O.P.No.204 of 2018, pending on the file of the Family Court, Sivagangai, and to transfer the same to the Family Court, Chengalpet.
For Petitioner : Mrs.K.Jenitha
For Respondent : Mr.M.Kaviraj
O R D E R
The petitioner has filed this petition under Section 24 of the Code of the Civil Procedure, seeking the relief to withdraw the H.M.O.P.No.204 of 2018, pending on the file of the Family Court at Sivagangai filed by her and to transfer the same to the Family Court, Chengalpet, for trial along with F.C.M.C.No.32 of 2017 now pending before the Family Court, Chengalpet.
of the Family Court, Sivagangai and to be transferred to the Family Court, Chengalpet to try along with the F.C.M.C.No.32 of 2017. The learned Family Court Judge, Sivagangai is directed to transmit all the records pertaining to H.M.O.P.No.204 of 2018 to the Family Court, Chengalpet, within a period of two weeks from the date of receipt of a copy of this order. On receipt of records, the learned Family Court Judge, Chengalpet, is directed to dispose both the cases as expeditiously as possible, from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.
sbn
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
To
1. The Judge, Family Court,
Sivagangai
2.The Judge, Family Court,
Chengalpet.
+1cc to M/s.K.Jenitha, Advocate, S.R.No.89353
+1cc to Mr.M.Kaviraj, Advocate, S.R.No.89035
Tr. CMP. No.845 of 2018
and
C.M.P.No.20896 of 2018
SPD(CO)
KAK(29/01/2019)
1 issue framed by the court
Whether the High Court has jurisdiction to order transfer of a civil miscellaneous petition from one Family Court to another under Section 24 CPC.
1 provisions across 1 enactments
R.Abinaya Devi
C.Rajeshkumar
R. PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
