Dismissed¶22

S.Gnanasubha v. K.Rajkumar

Madras HC10 Mar 2025TR CMP(MD)/644/2024

Case brief

AI extract

What is this about?

Tr.CMP.(MD)No.644 of 2024, Madurai Bench of Madras High Court, P. Vadamlai J., 10.03.2025 — transfer petition under S.24 CPC to shift S.M.O.P. No.1245 of 2024 from Family Court, Madurai to Family Court, Tuticorin dismissed; petitioner ex parte and inactive in setting aside ex parte order; liberty reserved to file fresh transfer petition after setting aside ex parte order; connected CMP closed. Advocates: KA.Raamakrishnan for petitioner; S.Sukumar for respondent. Parties: S.Gnanasubha v. K.Rajkumar.

What did the court decide?

Liberty to the petitioner to file a fresh transfer petition, if necessary, after setting aside the ex parte order passed in S.M.O.P. No.1245 of 2024 before the Family Court, Madurai; the connected C.M.P.(MD)No.15489 of 2024 was closed consequentially. ¶22

S.Gnanasubha Vs K.Rajkumar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the proceeding in S.M.O.P. No.1245 of 2024 pending before the Family Court, Madurai should be withdrawn and transferred to the file of the Family Court, Tuticorin. +1 more

¶11

Court's answer

Since the petitioner had remained ex parte in S.M.O.P. No.1245 of 2024 before the Family Court, Madurai and had taken no steps to set aside the ex parte order, the Court found itself left with no other option and inclined to dismiss the Transfer Civil Miscellaneous Petition.

¶21

Ratio / Principle

The Transfer Civil Miscellaneous Petition is dismissed with liberty to the petitioner to file a fresh petition, if necessary, after setting aside the ex parte order passed in S.M.O.P. No.1245 of 2024 before the Family Court, Madurai.

¶22

Key takeaways

Consequent to dismissal of the transfer petition, the connected Civil Miscellaneous Petition (C.M.P.(MD)No.15489 of 2024) is closed.ratio¶22

Detailed headnote1 paragraphs

Transfer Civil Miscellaneous Petition under Section 24 of the Code of Civil Procedure (Tr.CMP.(MD)No.644 of 2024) seeking withdrawal of S.M.O.P. No.1245 of 2024 from the file of the Family Court, Madurai and its transfer to the Family Court, Tuticorin — dismissed. Counsel for both sides stated that the petitioner had remained ex parte in the said proceeding before the Family Court, Madurai and had not taken any steps till date to set aside the ex parte order passed against her. Holding herself left with no other option, the Court (P. Vadamlai, J.) dismissed the petition with liberty to the petitioner to file a fresh transfer petition, if necessary, after setting aside the ex parte order, and closed the connected C.M.P.(MD)No.15489 of 2024. Decision dated 10.03.2025.

S.Gnanasubha v. K.Rajkumar

Case brief

What is this about?

What did the court decide?

S.Gnanasubha v. K.Rajkumar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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