Petitioner filed a petition under Section 24 CPC to transfer a matrimonial case to a Family Court. The transfer petition was dismissed as infructuous because an ex parte decree had already been passed in the original matter, rendering transfer unnecessary.
The Transfer Civil Miscellaneous Petition dismissed as infructuous. No costs. Connected 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.CMP.No.7 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2024
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Tr.CMP.No.7 of 2023 and
C.M.P.No.286 of 2023
Sri Jai Priya
.. Petitioner
Vs.
V.Prasad
.. Respondent
Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw H.M.O.P.No.526 of 2022 pending before the Sub Court at Poonamallee and transfer the same to the Family Court at Coimbatore.
For Petitioner : Mr.P.Chandrasekar
For Respondent : Served, No Appearance
ORDER
The learned counsel for the petitioner reports that his client has
suffered an ex parte decree in H.M.O.P.No.526 of 2022 on the file of the
Sub Court at Poonamallee. Therefore, nothing remains to be transferred.
Page No 1 of 3
Tr.CMP.No.7 of 2023
dismissed as infructuous. No costs. The connected Civil Miscellaneous Petition is closed.
24.04.2024
mkn2 Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No
V. LAKSHMINARAYANAN, J.
Page No 2 of 3 https://www.mhc.tn.gov.in/judis
Tr.CMP.No.7 of 2023
mkn2
To
The Sub Court, Poonamallee
Tr.CMP.No.7 of 2023 and C.M.P.No.286 of 2023
24.04.2024
Page No 3 of 3 https://www.mhc.tn.gov.in/judis
1 issue framed by the court
Whether the transfer petition stands dismissed as infructuous due to the ex parte decree in the underlying matter.
2 provisions across 2 enactments
Sri Jai Priya
V.Prasad
V. LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
