Gowri v. B.Jai Krishnan
Case brief
What is this about?
The Single Judge High Court on 9/12/2019, a Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC to withdraw a divorce O.P. from the Chennai Family Court and transfer it to a Sub Court in Pattukottai. Since a divorce decree was granted in a separate High Court order, the petition was closed without need for further adjudication.
What did the court decide?
Transfer Civil Miscellaneous Petition closed.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 9/12/2019
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
Tr.C.M.P. No.382 of 2019 and C.M.P. No.10647 of 2019
Vs.
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw O.P. No.433 of 2018 from the file of IV Additional Family Court at Chennai and transfer the same to the file of Sub Court at Pattukottai, Thanjavur.
ORDER
Transfer Civil Miscellaneous Petition has been filed, to withdraw O.P. No.433 of 2018 pending on the file of IV Additional Family Court at Chennai and transfer the same to the file of Sub Court at Pattukottai, Thanjavur.
- When the matter is taken up for hearing, it is represented by the learned counsel for the petitioner that H.M.O.P. No.12 of 2019 filed by the petitioner herein on the file of Sub Court, Pattukottai, has been decreed and a decree of divorce was granted on 30.9.2019.
- In view of the same, it is further submitted that since a decree of divorce has been granted, there is no need to adjudicate this matter. Accordingly, the Transfer Civil Miscellaneous Petition is closed. However, there shall be no order as to cost. Consequently, the connected civil miscellaneous petition is closed.
Issues for consideration
2 issues framed by the court
Whether the Transfer Civil Miscellaneous Petition for transfer of O.P. No.433 of 2018 requires adjudication after a divorce decree.
Status of the connected civil miscellaneous petition following the granting of divorce.
Parties & counsel
- petitioner
Petitioner
- respondent
Respondent
Coram
S. Vaidyanathan
Case details
As recorded by the court registry
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