Madras High CourtTR CMP/347/2015dismissed as infructuous

Vimala v. J. Jayabalamurugan

2017-10-06Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2017

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.347 of 2015 and M.P.No.1 of 2015 Vimala ... Petitioner

Versus

J.Jayabalamurugan ...

Respondent Prayer: Petition filed under Section 24 of the Civil Procedure Code praying to withdraw and transfer the H.M.O.P.No.117 of 2012 pending on the file of the Sub Court, Usilampatti Camp, Madurai District to the file of the II Additional Family Court at Chennai for disposal in accordance with law.

For Petitioner : Mr.M.Mohanasundaram - No appearance For Respondent : Mr.V.Raghavachari

O R D E R

The wife in a matrimonial dispute proceedings has sought for transfer of H.M.O.P.No.117 of 2012 pending on the file of the Sub Court, Usilampatti to the file of the II Additional Family Court, Chennai. The said H.M.O.P. is filed by the husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1995 for dissolution of marriage.

2. It is represented by Mr.V.Raghavachari, learned counsel for the respondent that the said O.P. was decreed ex-parte on 15.09.2016 and so far there is no application filed for setting aside the ex-parte decree. Hence, the transfer petition becomes infructuous.

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3. Recording the submission made by the learned counsel for the respondent, this Transfer Civil Miscellaneous Petition is dismissed as infructuous. No Costs. Consequently, connected miscellaneous petition is closed.

sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar rsi/srn To The Sub Judge, Usilampatti Camp, Madurai District rk(co) EGR 30/10/2017 Tr.C.M.P.No.347 of 2015 and M.P.No.1 of 2015 https://hcservices.ecourts.gov.in/hcservices/