M.G.Usha v. C.Muthuselan
Case brief
What is this about?
The single judge allowed a transfer petition to withdraw a family operations petition from the Principal Family Court, Chennai, to the Sub Court, Gudiyattham, directed swift trial, and closed the connected petition as the respondent did not appear.
What did the court decide?
Transfer of H.M.O.P. No.3684 of 2016 from Principal Family Court, Chennai to Sub Court, Gudiyattham allowed; trial to be concluded within 45 days; connected C.M.P. closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
Transfer C.M.P.No.603 of 2017 and C.M.P. No.12590 of 2017
M.G.Usha ...Petitioner
vs.
C.Muthuselvan ...Respondent
Transfer Civil Miscellaneous Petition filed under Section
24 of C.P.C., to withdraw H.M.O.P. No.3684 of 2016 from the
file of the Principal Family Court, at Chennai to the file of
Sub Court, Gudiyattham.
For Petitioner : Mr.T.Dharani
For Respondent : No appearance
O R D E R
The Petitioner, who is presently residing at Gudiyattham, Vellore District, has come up with this Petition seeking transfer of H.M.O.P. No.3684 of 2016 from the file of the Principal Family Court, Chennai to the file of Sub Court, Gudiyattham.
- Learned counsel for the petitioner submitted that the respondent has been served about the pendency of the proceedings before this court. There is no representation for the respondent. As the respondent has not shown any interest to represent the matter before this court even though his name is printed in the cause list, H.M.O.P. No.3684 of 2016 pending on the file of Principal Family Court, Chennai, is withdrawn from the said court and transferred to Subordinate Court, Gudiyattham. The learned Subordinate Judge, Gudiyattham, is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond 45 working days, at any point of time, in order to bring the issue to a logical end.
Issues for consideration
1 issue framed by the court
Whether Transfer C.M.P. No.603 of 2017 filed under Section 24 of the Code of Civil Procedure for transfer of H.M.O.P. No.3684 of 2016 from Principal Family Court, Chennai to Sub Court, Gudiyattham be
Parties & counsel
- petitioner
M.G.Usha
- respondent
C.Muthuselvan
Coram
S.Vaidyanathan
Case details
As recorded by the court registry
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