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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE A.K. RAJAN
K.G.Priya - Appellant
Versus
V.Balasubramanian - Respondents
Transfer C.M.P.No.16663 of 2004
Decided On : 25 November 2004
Transfer Petition - Family Law - The court dismissed the transfer petition filed by the wife to transfer the proceedings from Sub-Court, Arni to Sub-Court, Gudiyattam, stating that since the evidence was almost complete, the matter could not be transferred at that stage. The court also directed the Subordinate Judge, Arni to give an opportunity to cross-examine R.W.1 before proceeding further.
Fact of the Case:
The wife filed a petition to transfer the proceedings from Sub-Court, Arni to Sub-Court, Gudiyattam, as the evidence was almost complete and R.W.1's cross-examination was pending.
Finding of the Court:
The court dismissed the transfer petition, stating that the matter could not be transferred at that stage, but directed the Subordinate Judge, Arni to allow cross-examination of R.W.1 before proceeding further.
Issues: Transfer of proceedings from one court to another, completion of evidence, cross-examination of witness.
Ratio Decidendi: The court held that since the evidence was almost complete, the transfer of the matter could not be allowed at that stage. However, the court directed the Subordinate Judge, Arni to provide an opportunity for cross-examination of R.W.1 before proceeding further.
Final Decision: The transfer petition was dismissed, and the Subordinate Judge, Arni was directed to allow cross-examination of R.W.1 before proceeding further.
The petition is to withdraw H.M.O.P.No.44 of 2002 from the file of the sub-Court, Arni and transfer the same to the file of sub-Court, Gudiyattam.
2. The petition for transfer has been filed by the wife. The proceedings are pending in Sub-Court, Arni; evidence has been recorded, and the matter was posted for R.W.1's evidence. After chief examination, it was adjourned for R.W.1's cross examination. On that date, there was no cross-examination of R.W.1 due to Advocate's Boycott. Thereafter, on 7.10.2004 R.W.1 did not appear, and therefore she was set ex parte and the matter was posted for arguments. At that stage, the transfer application has been filed.
3. In view of the fact that the evidence is almost over already (R.W.1's cross-examination to be completed), the matter cannot be transferred at this stage. Hence, the petition is dismissed. However, the learned Subordinate Judge, Arni, may give an opportunity to cross-examine R.W.1 and then proceed, if a petition is filed to that effect. Hence, the petition is dismissed. No costs. Consequently, CMP No.16664 of 2004 is dismissed.
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