Micheal Selva Sunish Raja v. Ofilya Cross

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Micheal Selva Sunish Raja ... Petitioner / Petitioner / Petitioner Vs.

Ofilya Cross ... Respondent / Respondent / Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside return order dated 01.08.2024 passed by the Family Court, Kanyakumari District at Nagercoil in Unnumbered Interlocutory Application in I.A.SR.No.2458 of 2024 in I.D.O.P.No.443 of 2023 and to direct the Family Court, Kanyakumari District at Nagercoil to number the Interlocutory Application and take the same on file forthwith by allowing this revision petition. For Petitioner : Mr.R.Murugan 1/4

ORDER

Heard the learned counsel appearing for the revision petitioner. 2.The revision petitioner filed I.D.O.P.No.443 of 2023 on the file of Family Court, Kanyakumari against the respondent herein for dissolution of his marriage with the respondent. 3.The case of the petitioner is that notices / summons sent to the address of the respondent have been returned with the endorsement "addressee left". In these circumstances, the petitioner wants to take substituted service. Hence he filed I.A.SR.No.2458 of 2024. The grievance of the petitioner is that the IA has not been numbered. 4.I direct the Family Court, Kanyakumari, Nagercoil to number I.A.SR.No.2458 of 2024 and give a disposal on merits and in accordance with law by the next hearing date.

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5.This Civil Revision Petition is allowed accordingly. There shall be no order as to costs.

04.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA Note: Registry is directed to return the original un-numbered IA filed along with the CRP to the learned counsel for the revision petitioner.

To The Family Court, Kanyakumari District at Nagercoil.

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G.R.SWAMINATHAN, J.

MGA 04.10.2024 4/4