The High Court dismissed a transfer petition filed by a wife to move a matrimonial suit from the Family Court, Pudukkottai, to the Sub Judge, Ponneri, noting that the original suit had already been decreed ex parte.
Petition dismissed with liberty to file a fresh Transfer Civil Miscellaneous Petition if the ex parte order is set aside.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.03.2022 CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA
Tr.C.M.P. No.59 of 2022 and C.M.P.No.1298 of 2022
M. Mahalatshmi ... Petitioner/Respondent
-Vs-
M. Vijayakumar ... Respondent/Petitioner
PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.152 of 2021 on the file of the learned, Family Court, Pudukkottai and transfer the same to the file of the learned Sub Judge, Ponneri.
For Petitioner : Mr.G.Mohana Krishnan For Respondent : Mr.PM.Sheik Dawar
ORDER
The wife has filed this Transfer Civil Miscellaneous Petition, seeking to transfer the H.M.O.P.No.152 of 2021 filed by the husband for divorce pending on the file of the learned Judge, Family Court, Pudukkottai, to the file of the learned Sub Judge, Ponneri.
2.It is informed that the H.M.O.P.No.152 of 2021 which the petitioner seeks to transfer had been decreed ex parte by the learned Family Judge, Pudukkottai, on 11.01.2022. Therefore, this Transfer Civil Miscellaneous Petition has to be dismissed.
3.However, the learned counsel for the petitioner seeks liberty of this Court to file a fresh Transfer Civil Miscellaneous Petition in the event the ex parte order is set aside.
Accordingly, this Transfer Miscellaneous Petition is dismissed with liberty to the petitioner to file a fresh Transfer Civil Miscellaneous Petition in the event the ex parte
order is set aside. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
mps To
1.The Judge, Family Court, Pudukkottai.
+1 cc to Mr.G.Mohana Krishnan, Advocate Sr.NO. 15761
Tr.C.M.P.No.59 of 2022 and C.M.P.No.1298 of 2022
MT(CO) A.SK(11/04/2022)
1 issue framed by the court
Whether a transfer petition regarding a matrimonial suit pending in Family Court can be heard when the original suit has been decreed ex parte.
1 provisions across 1 enactments
M. Mahalatshmi
M. Vijayakumar
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
