S. M. SUBRAMANIAM
A. Kalaiselvan – Appellant
Versus
J. Sri Vidhya – Respondent
ORDER :
Prayer: Tr. C.M.P. No. 7990 of 2023 is filed under Section 24 of the Civil Procedure Code, to withdraw the O.S. No. 251 of 2014 pending on the file of the VII Additional Family Court, Chennai and to transfer the same to any other Family Court, Chennai.
1. The petition for transfer is filed to withdraw the O.S. No. 251 of 2014 pending on the file of the VII Additional Family Court, Chennai and to transfer the same to any other Family Court, Chennai.
2. The very same petitioner earlier filed Transfer Petition in Tr. C.M.P. No. 1202 of 2022 and the said Transfer Petition was disposed of granting liberty to the petitioner to approach the Principal Judge, Family Court for transferring the case.
3. The learned counsel for the petitioner states that the petitioner had already filed Transfer Civil Miscellaneous Petition before the Principal Judge, Family Court, which is pending. While so, the present Transfer Civil Miscellaneous Petition, once again filed to transfer the very same Suit in O.S. No. 251 of 2014 is not maintainable and thus, the objections raised by the Registry is in consonance with the provisions for transferring the case and stands confirmed.
4. Accordingly, the Transfe
A transfer petition under Section 24 of the Code of Civil Procedure can be dismissed as not pressed when the petitioner seeks withdrawal following a change in the presiding judicial officer.
The court allowed the transfer of a pending family case based on sufficient justification and absence of serious objection from the respondent.
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