In a transfer petition filed under Article 24 CPC, the High Court held that a joint compromise memo entered into by both parties satisfied the requirement for withdrawal, leading to the dismissal of the petition as withdrawn without any order for costs.
The transfer petition was dismissed as withdrawn; no order as to costs; connected miscellaneous petition closed.
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.
TR.C.M.P.No.523 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :.28.08.2023
CORAM :
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
TR.C.M.P.No.523 of 2023 and C.M.P.No.12321 of 2023
P.Nathiya ...Petitioner
.Vs.
B.S.Raj Thilak ...Respondent
Prayer: This Transfer Civil Miscellaneous Petition is filed under Article 24 of the C.P.C, to withdraw G.W.O.P.No.835 of 2021 on the file of the Principal District Court at Tiruvallur and transfer the same to the VI Additional Family Court at Chennai.
For Petitioners : Mr.Thiyagarajan
TR.C.M.P.No.523 of 2023
ORDER
This petition is filed to withdraw G.W.O.P.No.835 of 2021 on the
file of the Principal District Court at Tiruvallur and transfer the same to the VI Additional Family Court at Chennai.
counsel for the petitioner submitted that the parties has entered into an agreement and he has also filed an memo which is extracted hereunder:
It is humbly submitted that, the Respondent/husband has filed a petition for conjugal rights H.M.O.P.No.4497 of 2021 before the VI Additional Family Court at Chennai and also filed another petition for custody of child G.W.O.P.No.835 of 2021 before the Hon'ble Principal District Court at Tiruvallur.
The petitioner further submit that, petitioner/wife has filed a petition for maintenance for child in M.C.No.117 of Divorce in H.M.O.P.No.387 of 2023 before the VI Additional Family Court at Chennai, above H.M.O.P.No.4497 of 2021 and M.C.No.117 of 2023 came up before the
TR.C.M.P.No.523 of 2023
VI Additional Family Court at Chennai and Hon'ble Judge pleased to order that both cases has been referred to the Lok Adalat on 08.07.2023.
The petitioner further submit that, petitioner and Respondent/Husband were present on that day before the Lok Adalat also they both have jointly filed a joint compromise memo stating that the petitioner and Respondent both will withdraw all the cases as against each other and shall be file a mutual divorce petition before the Hon'ble family Court at Chennai in the future. The Lok Adalat has recorded their compromise memorandum and ordered that both cases H.M.O.P.No.4497 of 2021(filed by the Respondent) and M.C.117 of 2023 ( filed by the petitioner) have been withdrawn and disposed.
The petitioner further state that, the petitioner has filed a divorce petition H.M.O.P.No.752 of 2021 before Sub-Court at Ponnamalliee and which has been transferred to the Sub-Court at Ambattur and renumbered as H.M.O.P.No.387 of 2023 before the Sub-Court at Ambattur. Further state that as per the compromise memo the petitioner has withdrawn the above
TR.C.M.P.No.523 of 2023
H.M.O.P.No.387 of 2023 before the Sub -Court at Ambatur.
The petitioner further state that, the Respondent husband ready to withdraw the G.W.O.P.No.835 of 2021 pending before the Hon'ble District Court at Tiruvalllur as per the compromise memo.
The petitioner further submit that, as per the compromise memo petitioner/wife withdrawing this Transfer Original Petition Tr.OP.No.523 of 2023 pending before this Hon'ble Court.
this transfer miscellaneous petition is dismissed as withdrawn. No order as
to costs. Consequently, the connected miscellaneous petition is closed. The memo filed by the learned counsel appearing for the petitioner forms part of
the order.
28.08.2023
smn Index : Yes/No Internet: Yes/No
TR.C.M.P.No.523 of 2023
To.
TR.C.M.P.No.523 of 2023
V.BHAVANI SUBBAROYAN,J. Smn
TR.C.M.P.No.523 of 2023 and C.M.P.No.12321 of 2023
28.08.2023
1 issue framed by the court
Whether the transfer petition requiring withdrawal should be dismissed as withdrawn based on a joint compromise memo filed between parties.
P.Nathiya
B.S.Raj Thilak
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
