Dharshini v. Thamizharasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN & C.M.P.No.22478 of 2024 Dharshini .. Petitioner Vs Thamizharasan .. Respondent Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the C.P.C., to withdraw the case in H.M.O.P.No.588 of 2024 pending on the file of the Family Court, Karur and transfer the same to the file of Sub Court, Kangeyam.

For Petitioner : Mr. V. Balamurugan For Respondent : Mr. Harinath Babu

O R D E R

This transfer petition is at the instance of the wife. She seeks withdrawal of H.M.O.P.No.588 of 2024 from the file of Family Court, Karur and transfer the same to the file of the Sub Court, Kangeyam. 1/3

2. I heard the learned counsel for the petitioner. I have gone through the affidavit.

3. When the Transfer Petition was taken up for hearing Mr. Harinath Babu submitted that HMOP No.588 of 2024 was decreed exparte on 22.10.2024. As proceedings have been disposed of, the transfer petition is not entertainable. However, in case, the exparte decree is set aside, it is open to the petitioner/wife to move a fresh transfer petition.

4. Accordingly, this Transfer Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 24.01.2025 Index:Yes/No Speaking order/Non-speaking order mrp To 1.The Family Court, Karur 2.The SubCourt, Kangeyam 2/3

V. LAKSHMINARAYANAN,J.

mrp & C.M.P.No.22478 of 2024 24.01.2025 3/3