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2026 Supreme(Online)(Mad) 35945
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Murali Shankar, J
B.Meenakshi – Appellant
Versus
Yasodha – Respondent
C.M.P.(MD)Nos.3998 and 3999 of 2024|D.V.C.No.233 of 2023
For Petitioners: Mr.A.Joseph Jerry
For Respondents: Mr.S.Poornachandran for R1 to R3
Transfer petition under Section 24 CPC becomes infructuous upon settlement and withdrawal of underlying case.
Headnote:Under Section 24 of the Code of Civil Procedure, 1908, petitioners sought transfer of D.V.C. No. 233 of 2023 from Judicial Magistrate, Additional Mahila Court, Madurai to Judicial Magistrate, Mahila Court, Thanjavur. Essential facts involved a domestic violence case sought to be transferred for convenience. Court recorded settlement between parties leading to withdrawal of the underlying case. Issue framed was whether transfer petition required adjudication post-settlement. Ratio decidendi: Petition rendered infructuous upon withdrawal of main case by first respondent before the trial court, as confirmed by counsel. Transfer Civil Miscellaneous Petition dismissed as infructuous; connected petitions closed.
| Table of Content |
|---|
| 1. petition seeks transfer of dv case under cpc section 24. (Para 1) |
| 2. parties settled; underlying case withdrawn. (Para 2) |
| 3. petition dismissed as infructuous. (Para 3) |
ORDER
The present Transfer Civil Miscellaneous Petition has been filed seeking orders to withdraw the case in D.V.C.No.233 of 2023 on the file of the Judicial Magistrate, Additional Mahila Court, Madurai and transfer the same to the file of the Judicial Magistrate, Mahila Court, Thanjavur.
2. When the matter is taken up today, the learned counsel appearing for the petitioners would submit that the matter has been settled between the parties before the concerned Court and on that basis, the case in D.V.C.No.233 of 2023 was withdrawn by the first respondent and that therefore, the present petition has become infructuous
3. Recording the same, this Transfer Civil Miscellaneous Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petitions are closed. No costs.
