Allowed

M.Deepa v. D.Prabukumar

Madras HC6 Feb 2020TR CMP/580/2019

Case brief

AI extract

What is this about?

The court allowed a transfer petition to move a High Court Order of Maintenance (H.M.O.P.) from the Family Court, Salem, to the Sub Court, Uthangarai. The transfer was granted after mediation failed due to the respondent's lack of interest. The court directed the receiving court to conclude the trial expeditiously.

What did the court decide?

The proceedings in H.M.O.P. No.227 of 2019 are transferred from Family Court, Salem, to Sub Court, Uthangarai for expedited trial. Connected C.M.P. No. 16755 of 2019 is closed.

M.Deepa Vs D.Prabukumar — Civil Procedure and Limitation | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.02.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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Tr.C.M.P.No.580 of 2019 and C.M.P. No.16755 of 2019

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M.Deepa ...Petitioner vs. D.Prabukumar ...Respondent

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Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw H.M.O.P. No.227/2019 pending on the file of Family Court, Salem may be transferred to Sub Court, Uthangarai.

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For Petitioner : Mr.K.Thiruvengadam For Respondent : No appearance

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O R D E R

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The Petitioner, who is presently residing at Uthangarai Taluk, Krishnagiri District, has come up with this Petition seeking transfer of H.M.O.P. No.227 of 2019 pending on the file of Family Court, Salem to the file of Sub Court, Uthangarai.

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Only at the request of the respondent, the matter has been posted for mediation and the petitioner has consented thereafter. As there was no appearance before the mediator, the mediator has filed a detailed affidavit stating that he made attempts to contact the parties but unfortunately, it was not fruitful. But the mediator, in his affidavit stated that he is surrendering the order of appointing him as mediator and also enclosed a copy of the cover sent to the respondent. It appears that the respondent has no intention to settle the matter through mediation and has not shown any interest in representing the matter. In view of the same, the Transfer Petition deserves to be allowed.

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In the result, the proceedings in H.M.O.P.No.227 of 2019 is withdrawn from the file of Family Court, Salem and transferred to the file of Sub Court, Uthangarai, for trial. The Sub Court, Uthangarai is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond 45 working days at any point of time, to bring the issue to a logical end.

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https://hcservices.ecourts.gov.in/hcservices/

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The Transfer Civil Miscellaneous Petition is allowed as indicated above. No costs. Consequently, connected C.M.P.No.16755 of 2020 is closed.

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Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
(Asr)
To :
1. The Judge, Family Court, Salem
2.The Judge, Sub Court, Uthangarai
+1cc to Mr.K.Thiruvengadam , Advocate SR.No. 9293
Tr.C.M.P.No.580 of 2019 and
C.M.P. No.16755 of 2019
A.SK(11/03/2020)

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https://hcservices.ecourts.gov.in/hcservices/

M.Deepa v. D.Prabukumar

Case brief

What is this about?

What did the court decide?

M.Deepa v. D.Prabukumar

Case brief

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