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Cynthya Rubavathy vs Arthur Rajaseelan Vimal on 29 August, 2024

Bench: J.K. Maheshwari, Rajesh Bindal

                                                   1

                                IN THE SUPREME COURT OF INDIA
                                  CIVIL ORIGINAL JURISDICTION

                         TRANSFER PETITION(S) (CIVIL) NO(S). 1069 OF 2024

     CYNTHYA RUBAVATHY                                           PETITIONER(S)
                                               VERSUS

     ARTHUR RAJASEELAN VIMAL                                     RESPONDENT(S)

                                              ORDER

1. No one appeared for the petitioner.

2. The present petition has been filed seeking transfer of Divorce Case No. IDOP No. 38 of 2024 titled “Arthur Rajaseelan Vimal Vs. Cynthya Rubavathy” from the Family Court at Thanjavur, Tamil Nadu to the Family Court at Bengaluru, Karnataka.

3. Learned counsel for the respondent submitted that the marriage of the parties was solemnized at Thanjavur. However, taking career brake from his service he has shifted to Manamadurai, Tamil Nadu, where his parents are living. It was fairly stated by him that the petitioner­wife is staying at Bengaluru as she refused to go to Thanjavur. It was submitted Signature Not Verified Digitally signed by Jayant Kumar Arora that looking to his inconvenience to attend the proceedings at Date: 2024.09.13 17:51:18 IST Reason: Bengaluru, the case may not be transferred from Thanjavur to  2 Bengaluru.

4. Having considered the facts and circumstances of the case in which the wife is admittedly staying at Bengaluru with a 2½ year old child, in our view, it may be inconvenient for her to attend the proceedings at Thanjavur, Tamil Nadu.

5. In view of the foregoing, we deem it appropriate to allow this Transfer Petition. Accordingly, IDOP No. 38 of 2024 titled “Arthur Rajaseelan Vimal Vs. Cynthya Rubavathy” is ordered to be transferred from the Family Court at Thanjavur, Tamil Nadu to the Family Court at Bengaluru, Karnataka. We observe that on a request being made by the respondent, the transferee court shall allow him to appear virtually until otherwise directed.

6. The records of the case be transferred to the transferee court without delay. An intimation be sent to both the courts through e­mail for compliance.

7. The Transfer Petition is, accordingly, allowed. Pending application(s), if any, shall stand disposed of.

…….....……….................J. [J. K. MAHESHWARI] ………….……...................J. [RAJESH BINDAL] NEW DELHI;

AUGUST 29, 2024.

ITEM NO.4                 COURT NO.8                   SECTION XII

                S U P R E M E C O U R T O F         I N D I A
                        RECORD OF PROCEEDINGS

            Transfer Petition(s)(Civil)    No(s).    1069/2024

CYNTHYA RUBAVATHY                                        Petitioner(s)

                                  VERSUS

ARTHUR RAJASEELAN VIMAL                                  Respondent(s)

IA No. 94281/2024 - EXEMPTION FROM FILING O.T. IA No. 94280/2024 - STAY APPLICATION Date : 29-08-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Anil Kumar, AOR (Not Present) For Respondent(s) Mr. Kartik Sundar, Adv.

Mr. Vijay Kumar, AOR Mr. R Venkataraman, Adv.

UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is allowed in terms of the signed order. Pending interlocutory application(s), if any, is/are disposed of.

(JAYANT KUMAR ARORA)                                   (ANU BHALLA)
ASTT. REGISTRAR-cum-PS                                 COURT MASTER

                 (Signed order is placed on the file)