Elangovan v. Tamilarasi
Case brief
What is this about?
The Court closed a Section 24 CPC petition seeking transfer of a disposed matrimonial case to a Family Court for joint trial with another pending matter, noting the primary case was already disposed of.
What did the court decide?
Petition closed; Family Court directed to dispose of G.W.O.P.No.23 of 2019.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
T.R.C.M.P.No.102 of 2019
and C.M.P.No.3620 of 2019
J.Elangovan ... Petitioner/Respondent
-vs-
Tamilarasi ... Respondent/Petitioner
PRAYER: Petition is filed under Section 24 of Code of Civil Procedure to withdraw the case in H.M.O.P.No.34 of 2018 on the file of Sub Court, Panrutti and transfer the same to Family Court, Cuddalore to be tried along with G.W.O.P.No.23 of 2019 to secure the ends of justice.
The present petition has been filed to transfer the case in H.M.O.P.No.34 of 2018, pending on the file of Sub Court, Panruti to the file of Family Court, Cuddalore to be tried along with G.W.O.P.No.23 of 2019.
- When the matter is taken up for hearing, it is represented by the learned counsel on either side that H.M.O.P.No.34 of 2018 itself was disposed of by the Subordinate Court, Panruti as early as on 18.02.2019.
Issues for consideration
1 issue framed by the court
Whether a petition under Section 24 of the CPC for transfer and withdrawal of a case in-service requires adjudication when the subject case has already been disposed of.
Parties & counsel
- petitioner
Elangovan
- respondent
Tamilarasi
Coram
S. Vaidyanathan
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court