S.Suganya vs K.G.Ramesh
2024 Latest Caselaw 20130 Mad

Madras High Court

S.Suganya vs K.G.Ramesh on 24 October, 2024

                                                                                Tr.C.M.P.No.711 of 2024

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 24.10.2024

                                                            CORAM:

                        THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                                     Tr.C.M.P.No.711 of 2024
                                                   and C.M.P.No.15467 of 2024


                     S.Suganya                                                     .. Petitioner



                                                                  Vs.


                     K.G.Ramesh                                                    .. Respondent



                     PRAYER: Transfer Civil Miscellaneous Petition is filed under Section
                     24 of the Civil Procedure Code, to withdraw H.M.O.P.No.91 of 2024 on
                     the file of the Family Court at Tiruchirapalli and to transfer the same to
                     the file of the Family Court at Nagapattinam.


                                  For Petitioner     : Mr.A.Sundara Vadhanan

                                  For Respondent     : Ms.Nair P.Sridevi Pradeep



                     1/4


https://www.mhc.tn.gov.in/judis
                                                                             Tr.C.M.P.No.711 of 2024




                                                          ORDER

Heard the learned counsel for the transfer petitioner and the

learned counsel for the respondent.

2. A stay order had been granted by this Court on 31.07.2024. In

the meantime, the learned trial Judge had set the petitioner exparte and

passed an order on the merits of the case on 05.08.2024. I called for a

report from the learned Family Court at Tiruchirappalli as to how when

an interim order had been granted by this Court, the Court had proceeded

to pronounce the judgment on the merits of the case. The report states

that when the matter was taken up on 05.08.2024, the transfer petitioner

had not informed the Court regarding the stay granted. Apart from that,

the report states that this Court had also not communicated the order to

the learned trial Judge regarding the interim order. An interim order

operates from the date of communication and since communication had

not been done, the learned Judge, having being ignorant of the stay order,

https://www.mhc.tn.gov.in/judis

proceeded to pronounce the order. The report of the learned Family

Judge at Tiruchirappalli is accepted.

3. The order dated 05.08.2024 being an exparte order, the transfer

petitioner having filed a petition to set aside the exparte order, in case she

is successful in the said proceedings, it is always open to her to move a

fresh transfer petition.

4. With the above observations, the Transfer Civil Miscellaneous

Petition stands dismissed. No costs. Consequently, connected

miscellaneous petition is closed.

24.10.2024 Index:Yes/No Internet:Yes/No Neutral Citation:Yes/No

kj

https://www.mhc.tn.gov.in/judis

V.LAKSHMINARAYANAN,J.

Kj

To

The Family Judge at Tiruchirapalli.

24.10.2024

https://www.mhc.tn.gov.in/judis