Madras High Court
Mr.T.Subhav Kumar Jain vs Mrs.G.Navitha on 25 February, 2021
Tr.C.M.P.SR.No.9192 of 2021
and
C.M.P.SR.No.9193 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
Tr.C.M.P.SR.No.9192 of 2021
and
C.M.P.SR.No.9193 of 2021
Mr.T.Subhav Kumar Jain .. Petitioner
vs.
Mrs.G.Navitha .. Respondent
PRAYER : Transfer CMP is filed under Section 24 of the Civil Procedure
Code, to withdraw the D.V.C.No.4 of 2018 on the file of the Additional
Mahila Court, Egmore and transfer the same to the III Additional Family
Court at Chennai.
For Petitioner : Mr.B.Sundar
ORDER
Transfer petition is filed with a prayer to withdraw the D.V.C.No.4
of 2018 on the file of Additional Mahila Court, Egmore and transfer the
same to the III Additional Family Court, Chennai.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.SR.No.9192 of 2021
and
C.M.P.SR.No.9193 of 2021
2. With reference to the transfer petitions to be filed, this Court has
elaborately adjudicated the issues in Tr.C.M.P.No.458 of 2016 and
Judgment was delivered on 03.11.2016. In the said Judgment, scope of
Section 24 of the Code of Civil Procedure was considered and the following
observations were made;
" 16. At present, the litigants are directly
approaching the High Court, by filing transfer
applications to transfer the cases from one
Subordinate Court to another Subordinate Court
coming with the administrative jurisdiction of the
same Appellate Court namely, the District Court.
If such petitions are entertained in a routine
manner, this Court is of the view that the power
vested with the District Court under Section 24 of
the Code of Civil Procedure is taken away and
that cannot be the intention of the Legislation
under Section 24 of the Code of Civil Procedure.
The original jurisdiction of the District Court
conferred under Section 24 cannot be usurped in
a routine manner so as to defeat the real object
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Tr.C.M.P.SR.No.9192 of 2021
and
C.M.P.SR.No.9193 of 2021
and the spirit of Section 24 of the Code of Civil
Procedure. Therefore, the litigants are not
permitted to choose the forum as per their likes
and dislikes which will create ambiguity and the
circumstance will arise that one litigant will file
a transfer petition before the District Court and
his opponent may file another transfer petition
before the High Court in order to create
inconsistency and such a situation needs to be
averted. The jurisdiction of the Courts for filing
transfer applications should be definite and
clear. By vague and shallow interpretation, the
litigants should not be allowed to choose the
forum at their choice. If any application for
transfer is to be filed, the same is to be filed
within the same administrative jurisdiction of the
District Court concerned and if it falls within the
jurisdiction of different District Courts, then the
petition for transfer shall be filed before the High
Court. Such an interpretation will have a
constructive meaning and will serve the purpose
to have a definite jurisdiction in respect of filing
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Tr.C.M.P.SR.No.9192 of 2021
and
C.M.P.SR.No.9193 of 2021
of the applications for transfer under Section 24
of the Code of Civil Procedure.
17. In view of the principles stated supra, the
Transfer Civil Miscellaneous Petition is not
maintainable before this Court and the same is
dismissed. The petitioners are granted liberty to
approach appropriate Court under Law. No
costs. Consequently, connected Miscellaneous
Petition is also dismissed. "
3. In view of the said Judgment, the parties cannot be allowed to
approach the Appellate Court directly without approaching the Original
Court having jurisdiction to consider the relief. The District Court is
empowered to transfer the cases within the Jurisdictional District. The said
power need not be reversed by the High Court unnecessarily and such an
exercise on suo-moto can be exercised by High Court only on exceptional
circumstances and therefore, the petitioner in the present case is at liberty to
approach the appropriate Court for the redressal of his grievances. Thus, the
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.SR.No.9192 of 2021
and
C.M.P.SR.No.9193 of 2021
objections raised by the High Court Registry stands confirmed and
Tr.C.M.P.SR.No.9192 of 2021 stands dismissed. No costs.
25.02.2021
Speaking Order/Non-Speaking Order.
Internet : Yes/No.
Index: Yes/No.
kmm
To
The III Additional Family Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.SR.No.9192 of 2021
and
C.M.P.SR.No.9193 of 2021
S.M.SUBRAMANIAM, J.
kmm
Tr.C.M.P.SR.No.9192 of 2021
and
C.M.P.SR.No.9193 of 2021
25.02.2021
https://www.mhc.tn.gov.in/judis/
