Transfer petition under Section 24 CPC seeking to move H.M.O.P. and connected suit from Family Court, Cuddalore to Pallavaram was held not maintainable as the petitioner had already been set ex parte in O.S.No.8 of 2024; petition closed with liberty to re-file if the ex parte order is set aside.
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Tr.C.M.P.No.1049 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2026
CORAM
THE HON'BLE Mrs.JUSTICE R.KALAIMATHI
Tr.C.M.P.No.1049 of 2025 and C.M.P.No.23533 of 2025
S.Kavikuzhil
… Petitioner
Vs
B.Palanivel
... Respondent
PRAYER: This Transfer Civil Miscellaneous Petition is filed under
Section 24 of CPC, to withdraw and order transfer of H.M.O.P.No.226 of 2023 and connected with O.S.No.8 of 2024 pending on the file of the Family Court, Cuddalore to the District Muncsif-cum-Judicial Magistrate
Court, Pallavaram.
For Petitioner : Mr.S.Varatharajan For Respondent : Mr.K.V.Ramesh
ORDER
In H.M.O.P.No.226 of 2023 on the file of the Family Court at Cuddalore, the matter was posted for appearance of respondent/wife on 09.10.2023, 30.10.2023, 29.11.2023 and 06.12.2023 and thereafter, it 1/3
Tr.C.M.P.No.1049 of 2025 was posted for counter for several hearings till 31.01.2025 and on
13.02.2025, she was set exparte.
that stage, Tr.C.M.P., is taken out, which is not maintainable in law.
06.04.2026
ssn
To
2/3
Tr.C.M.P.No.1049 of 2025
R.KALAIMATHI, J.,
ssn
Tr.C.M.P.No.1049 of 2025 and C.M.P.No.23533 of 2025
06.04.2026
3/3
1 issue framed by the court
Whether the transfer petition is maintainable when the petitioner has been set ex parte in the underlying suit?
1 provisions across 1 enactments
S.Kavikuzhil
B.Palanivel
R.Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
