Madras High CourtCMP(MD)/3262/2024dismissed

Jothi.Chandralekha v. Kamalraj

2024-06-20Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twentieth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in TR CMP(MD) No.636 of 2023 Jothi.Chandralekha ... Petitioner/Petitioner Vs Kamalraj ... Respondent/Respondent Prayer in CMP(MD). No.3262 of 2024 Civil Miscellaneous Petition filed under section 151 of CPC to amend the prayer in the above said transfer petition in Tr.C.M.P.(MD).No.636 of 2024, as to transfer the case in H.M.O.P.No.885 of 2022 form Family Court, Madurai to Sub Court, Ramanathapuram, Ramanathapuram District instead of Family Court, Ramanathapuram, Ramanathapuram District on the file of this Hon`ble Court and pass such further or other order as this Hon`ble Court . Prayer in TR CMP(MD). 636 of 2023 :

Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code to pass an order to withdraw the case H.M.O.P.No.885 of 2022 on the file of Family Court, Madurai District to transfer the same to on the file of Family Court, Ramanathapuram, Ramanathapuram District for adjudication and thus render justice.

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ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.Balamurugapandi, Advocate for the Petitioner and of Mr.A.Vadivel, Advocate for the Respondent, this Court made the following order: "This petition has been filed to amend the prayer in the above said transfer petition in Tr.C.M.P.(MD).No.636 of 2024 as to transfer the case in H.M.O.P.No.885 of 2022 from Family Court, Madurai to Sub Court, Ramanathapuram, Ramanathapuram District instead of Family Court, Ramanathapuram, Ramanathapuram District.

2.When Family Court is available in Ramanathapuram, it cannot be transferred to Sub Court, Ramanathapuram. On that ground, this amendment petition itself is not maintainable.

3.Accordingly, this petition stands dismissed." Sd/- Assistant Registrar(CS-III) // True Copy // /07/2024 Sub Assistant Registrar (CS-I/II/III/IV) TO 1.The Judge, Family Court, Madurai.

2.The Judge, Family Court, Ramanathapuram.

+ 1 cc to Mr.D.Balamurugapandi, Advocate CA Sr.No.28911/2024 2/3

ORDER DATED : 20/06/2024 ==========================

ORDER

========================== in TR CMP(MD) No.636 of 2023 SI(26.07.2024) 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3