Madras High CourtTR CMP(MD)/9/2023dismissed

S.Rudhradevi v. A. Karthick Alias Arunraj

2023-03-13Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN TR CMP(MD).No. 9 of 2023 and CMP(MD).No.187 of 2023 S.Rudhradevi ... Petitioner -VsA.Karthick @ Arunraj ... Respondent PRAYER: This Transfer CMP filed under Section 24 CPC to withdraw the case in HMOP.No.1850 of 2022 on the file of the Principal Family Court, Chennnai and transfer the same to the file of the Family Court at Madurai.

For Petitioner : Mr.M.S. Parthiban for respondent : Mr.M. Manickam

ORDER

This Transfer Civil Miscellaneous Petition has been filed to withdraw the case in HMOP.No.1850 of 2022 on the file of the Principal Family Court, Chennnai and transfer the same to the file of the Family

Court at Madurai.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. Earlier, the petitioner appears to have filed the Transfer CMP(MD).No.693 of 2021 before this Court to transfer the HMOP.No.04 of 2021 pending on the file of the Sub Court, Paramathy, Namakkal District to the file of the Principal Family Court, Chennai and the same was allowed on 07.03.2022. Pursuant to which, the said HMOP.No.4 of 2021 was ordered to be transferred to the Principal Family Court, Chennai and was re-numbered as HMOP.No.1850 of 2022. The trial has also commenced. The respondent has filed a proof affidavit and and he has also been examined and cross examined. Evidence of the respondent has also been closed. Now, the petitioner has filed the present Transfer CMP to transfer the HMOP.No.1850 of 2022 pending on the file of the Principal Family Court, Chennnai to the file of the Family Court at Madurai.

4. Considering the fact that the trial has been commenced and

the earlier Transfer CMP(MD).No.693 of 2021 was allowed and the HMOP transferred to the file of the Principal Family Court, Chennai at the instance of the petitioner, this Court is not inclined to entertain this petition.

5. Therefore, this Transfer Civil Miscellaneous Petition is liable to be dismissed. It is accordingly dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 13.03.2023 Index : Yes / No Internet : Yes/ No trp To 1.The Principal Family Court, Chennnai.

2. The Family Court at Madurai.

C.SARAVANAN,J., trp TR CMP(MD).No. 9 of 2023 and CMP(MD).No.187 of 2023 13.03.2023