Fatima Kalai Selvi v. Ruben Augustine

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Mrs.Fatima Kalai Selvi ... Petitioner Vs.

Mr.Ruben Augustine ... Respondent Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to transfer the aforesaid matrimonial case filed under Section 10 (ix)(x) of Divorce Act titled "Ruben Augustine Vs.Fatima Kalai Selvi"in OP No. 73 of 2022 pending in the learned Family Court, Cuddalore within the jurisdiction of the Hon'ble High Court at Madras to the court of Principal Judge, Family Court, Puducherry.

For Petitioner : Ms. B.Saritha For Respondent : No appearance

O R D E R

The petition for transfer is filed to transfer the case pending in the Family Court, Cuddalore to the court of Principal Judge, Family Court, Puducherry

2. The marriage between the petitioner and the respondent was solemnised on 04.07.2019 as per the Christian Rites and Customs. One female child was born from and out of wedlock between the petitioner and the respondent. Now the petitioner is residing at Puducherry. More so, the respondent has filed the petition on OP.No.73 of 2022 for divorce and therefore, the petitioner is not in a position to contest the case by travelling all along from Puducherry to Cuddalore.

3. Considering the facts and circumstances, the OP No.73 of 2022 pending on the file of the Family Court, Cuddalore stands transferred to the Family Court, Puducherry. The Family Court, Cuddalore is directed to transmit the case papers to the Family Court, Puducherry within a period of four (4) weeks from the date of receipt of a copy of this order.

4. With the abovesaid directions, the Transfer Civil Miscellaneous Petition stands allowed. However, there shall be no order as to costs. 07.12.2022 Skr/Jeni Index : Yes Speaking order

To 1.The Judge, Family Court, Cuddalore.

2.The Judge, Family Court, Puducherry.

S.M.SUBRAMANIAM, J.

Skr 07.12.2022