Petitioner sought transfer of maintenance proceedings from a Sub Court in Alandur to the Principal Sub Court in Trichy. The court dismissed the petition as infructuous because the ex-parte order in the main case had not been set aside.
Transfer petition dismissed as infructuous; connected miscellaneous petition closed. No costs.
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Tr.C.M.P(MD)No.205 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.01.2023
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Tr.C.M.P(MD)No.205 of 2022 and
C.M.P(MD) No.3670 of 2022
P.T.Sabharish
... Petitioner
-Vs-
P.Mahalakshmi
... Respondent
Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw H.M.O.P.No.864 of 2021, from the file of the Sub Court, Alandur and transfer the same to the Principal Sub Court, Trichy.
For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.S.Srinivasa Raghavan
O R D E R
This Transfer Civil Miscellaneous Petition is filed seeking
transfer of the proceedings in H.M.O.P.No.864 of 2021, from the file of the Sub Court, Alandur to the Principal Sub Court, Trichy.
Tr.C.M.P(MD)No.205 of 2022
2.Originally, this Transfer Civil Miscellaneous Petition was filed on 29.03.2022 and when the matter was taken up for hearing on 01.09.2022, it was represented by the learned counsel for the respondent that an exparte order was passed in the main H.M.O.P.No. 864 of 2021 on 12.09.2019 itself, that the petitioner has not paid any maintenance to the respondent as directed by the trial Court and also the exparte order has not been set aside so far.
3.After verification, the learned counsel appearing for the petitioner has also confirmed that the exparte order passed in H.M.O.P.No.864 of 2021 on 12.09.2019 has not yet been set aside.
4.Since the exparte order passed in main H.M.O.P.No.864 of 2021 was not set aside so far, this Transfer Civil Miscellaneous Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.
12.01.2023
Index : Yes/No Internet : Yes/No vrn
Tr.C.M.P(MD)No.205 of 2022
To
Tr.C.M.P(MD)No.205 of 2022
B.PUGALENDHI, J.
vrn
Order made in Tr.C.M.P(MD)No.205 of 2022 and C.M.P(MD) No.3670 of 2022
12.01.2023
1 issue framed by the court
Whether a transfer petition seeking transfer of H.M.O.P. No. 864 of 2021 is maintainable when the petitioner has not set aside the ex-parte order in that petition.
P.T.Sabharish
P.Mahalakshmi
B.Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
