Petition to amend a matrimonial case transfer petition sought changing the destination from Family Court, Ramanathapuram to Sub Court, Ramanathapuram. The court held the amendment impermissible since a Family Court exists at Ramanathapuram and dismissed the amendment petition.
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.
CMP(MD). No.3262 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Thursday, the Twentieth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
CMP(MD). No.3262 of 2024 in TR CMP(MD) No.636 of 2023
Jothi.Chandralekha ... Petitioner/Petitioner
Vs
Kamalraj ... Respondent/Respondent
Prayer in CMP(MD). No.3262 of 2024
Civil Miscellaneous Petition filed under section 151 of CPC to amend the prayer in the above said transfer petition in Tr.C.M.P.(MD).No.636 of 2024, as to transfer the case in H.M.O.P.No.885 of 2022 form Family Court, Madurai to Sub Court, Ramanathapuram, Ramanathapuram District instead of Family Court, Ramanathapuram, Ramanathapuram District on the file of this Honble Court and pass such further or other order as this Honble Court .
Prayer in TR CMP(MD). 636 of 2023 :
Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code to pass an order to withdraw the case H.M.O.P.No.885 of 2022 on the file of Family Court, Madurai District to transfer the same to on the file of Family Court, Ramanathapuram, Ramanathapuram District for adjudication and thus render https://www.mhc.tn.gov.in/judis justice.
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CMP(MD). No.3262 of 2024
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.Balamurugapandi, Advocate for the Petitioner and of Mr.A.Vadivel, Advocate for the Respondent, this Court made the following order:
“This petition has been filed to amend the prayer in the above said transfer petition in Tr.C.M.P.(MD).No.636 of 2024 as to transfer the case in H.M.O.P.No.885 of 2022 from Family Court, Madurai to Sub Court, Ramanathapuram, Ramanathapuram District instead of Family Court, Ramanathapuram, Ramanathapuram District.
2.When Family Court is available in Ramanathapuram, it cannot be transferred to Sub Court, Ramanathapuram. On that ground, this amendment petition itself is not maintainable.
3.Accordingly, this petition stands dismissed.”
Sd/-
Assistant Registrar(CS-III)
// True Copy //
/07/2024 Sub Assistant Registrar (CS-I/II/III/IV)
TO
1.The Judge, Family Court, Madurai.
2.The Judge, Family Court, Ramanathapuram.
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CMP(MD). No.3262 of 2024
ORDER DATED : 20/06/2024
========================== ORDER ========================== CMP(MD). No.3262 of 2024 in TR CMP(MD) No.636 of 2023
SI (26.07.2024) 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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1 issue framed by the court
Whether the petition to amend the transfer petition's prayer to seek transfer to Sub Court, Ramanathapuram, instead of Family Court, Ramanathapuram, was maintainable.
2 provisions across 1 enactments
Jothi.Chandralekha
Kamalraj
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
