A Transfer Civil Miscellaneous Petition seeking to transfer a family matter from the Coimbatore Family Court to the Karur Principal Sub Court was dismissed by the Madras High Court. The petition was held to be infructuous as the parties had settled the matter pending the transfer application.
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: 15.11.2021
CORAM :
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
TR.C.M.P.No.84 of 2015 and M.P.No.1 of 2015
R.M.Rajeshkumar ...Petitioner / Respondent
Vs.
Aarthi ...Respondent / Petitioner
Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the petition in H.M.O.P.No.1050 of 2014 pending on the file of the Family Court, Coimbatore and transfer the same to the file of the Principal Sub Court, Karur.
For Petitioner : Mr.N.Damodaran
For Respondent : Mr.P.Saravana Sowmiyan
O R D E R
(The matter is heard through “Video Conferencing/Hybrid Mode”.)
Today when the matter is taken up for hearing, the learned counsel appearing for the petitioner reported no instructions. The learned counsel appearing for the respondent submitted that the Transfer Civil Miscellaneous Petition is filed to transfer H.M.O.P.No.1050 of 2014 on the file of the Family Court, Coimbatore to the Principal Sub Court, Karur. Pending Transfer Civil Miscellaneous Petition, both the petitioner and respondent have settled the matter and hence, this petition has become infructuous. Further, Tr.C.M.P.No.287 of 2014 filed by the respondent / wife also was dismissed on 14.09.2016.
2.Recording the above said submission made by the learned counsel appearing for the respondent, this Transfer Civil Miscellaneous Petition is dismissed as infructuous.
Consequently, the connected Miscellaneous Petition is closed. No costs.
Sd/Assistant Registrar(CS-VII)
// True Copy //
Sub Assistant Registrar
krk
To
TR.C.M.P.No.84 of 2015
BS(CO) RVM(30/11/2021)
1 issue framed by the court
Whether a Transfer Civil Miscellaneous Petition under Section 24 CPC becomes infructuous upon settlement of the substantive dispute?
1 provisions across 1 enactments
R.M. Rajeshkumar
Aarthi
V.M. Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
