N.Karthik vs J.Pushpalatha
2024 Latest Caselaw 15221 Mad

Madras High Court

N.Karthik vs J.Pushpalatha on 6 August, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                                 C.M.A.No.2771 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 06.08.2024

                                                          CORAM

                                  THE HONOURABLE MRS. JUSTICE J.NISHA BANU
                                                   AND
                                  THE HONOURABLE MRS. JUSTICE R.KALAIMATHI

                                                  C.M.A.No.2771 of 2023


                     N.Karthik                                                    ..Appellant

                                                         Vs.

                     J.Pushpalatha                                                ..Respondent


                     Prayer:
                                  Civil Miscellaneous Appeal filed under Section 19 of the Family
                     Court Act, to set aside the judgment passed by the learned Subordinate
                     Judge at Ambattur in HMOP No.81 of 2023 dated 31.08.2023 and
                     consequently grant divorce to the appellant from the respondent
                     u/s.13(1)i(a) and i(b) of Hindu Marriage Act.

                                       For Appellant     : Mr.M.Ravi

                                       For Respondent    : Mr.K.V.Ananda Krishnan




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                                                                                    C.M.A.No.2771 of 2023

                                                    JUDGMENT

(The order of the Court was delivered by Mrs.J.Nisha Banu,J.) This Civil Miscellaneous Appeal has been preferred to set aside

the judgment passed by the learned Subordinate Judge at Ambattur in

HMOP No.81 of 2023 dated 31.08.2023

2. When the matter was taken up for hearing, the learned counsel

appearing for the appellant as well as the respondent would state that the

appeal has been filed within the statutory limit, but instead of filing

before the District Court, it was wrongly filed before this Court.

3. Taking note of the fact that the appeal has been filed within the

statutory limit, accepting the legal position that no litigant shall be put to

face any prejudice, this Court is inclined to transfer the appeal, by

exercising power under Section 24(1)(a) of the Code of Civil Procedure.

Accordingly, this appeal stands transferred to the District Court,

Thiruvallur. Registry is directed to send the papers immediately and on

such transfer, notice shall be issued to the respondent as to the transfer of

the above case to the District Court at Thiruvallur and the learned District

Judge is directed to take up the matter and dispose of the same on merits

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within a period of four months from the date of receipt of a copy of this

order.

4. For the above reasons, this Civil Miscellaneous Appeal is

disposed of. No costs.

                                                                    (J.N.B,J.)    (R.K.M., J.)
                     Index             : Yes / No                         06.08.2024
                     Internet          : Yes
                     sk

                     To
                     The Subordinate Judge at Ambattur

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J. NISHA BANU, J.

and R.KALAIMATHI,J.

sk

06.08.2024

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