Ouma v. Dhanasekaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.26804 of 2024 Ouma .. Petitioner Vs.

Dhanasekaran .. Respondent Prayer: This Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, 1908, praying to withdraw the case in H.M.O.P.No.73 of 2024 pending on the file of the learned Principal Subordinate Judge, Tindivanam and to transfer the same on the file of learned Family Court, Puducherry.

For Petitioner :

Mr.T.Lavanya For Respondent :

Mr.N.Baskaran

O R D E R

This transfer petition is at the instance of the wife. She seeks withdrawal of H.M.O.P.No.73 of 2024 from the file of the Principal Sub 1/4

Court, Tindivanam and transfer the same to the file of the Family Court, Puducherry.

2.When the transfer was taken up for hearing, Ms.T.Lavanya represents that H.M.O.P.No.73 of 2024 has already been decreed on 22.11.2024. The decree is an exparte decree. Be that as it may, as the suit has been decreed, there is no question of transferring the petition from the Principal Sub Court, Tindivanam. It is open to the petitioner-wife to renew the petition for transfer in case the exparte decree is set aside.

3.With the above observations, this Transfer Civil Miscellaneous Petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs.

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To 1.The Principal Subordinate Judge, Tindivanam.

2.The Family Court, Puducherry.

V.LAKSHMINARAYANAN, J.

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