Dismissed

Reji Sebastian v. Thomas @ Vinod

Kerala HC17 Nov 2012OP (FC)/3868/2012

Case brief

AI extract

What is this about?

The High Court of Kerala summarily dismissed an original petition under Article 227 challenging a Family Court order transferring a matrimonial case to Muvattupuzha. The court held the order was not liable to interference under supervisory jurisdiction but noted Section 24 CPC transfer grounds as an alternative remedy.

What did the court decide?

Petitioner exempted from appearing before the Family Court, Muvattupuzha till 22/11/2012.

Reji Sebastian Vs Thomas @ Vinod — Civil Procedure and Limitation | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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SATURDAY, THE 17TH DAY OF NOVEMBER 2012/26TH KARTHIKA 1934 OP (FC).No. 3868 of 2012 (R) ---------------------------EP.NO.68/2010 IN OP.1206/2009 of FAMILY COURT,ERNAKULAM

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PETITIONER(S):

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-----------REGI SEBASTIAN, D/O.LATE DEVASIA, KALLAMPALLIL HOUSE, MUTTUCHIRA.P.O KOTTAYAM DISTRICT. BY ADVS.SRI.P.M.JOSEPH SRI.SIBY MATHEW (PULPRA)

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RESPONDENT(S): --------------

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THOMAS @ VINOD, AGED 41 YEARS S/O.K.T.JOSEPH, KOOMAKKIYIL HOUSE THIRUMARADI.P.O. 686 687, KOOTHATTUKULAM ERNAKULAM DISTRICT NOW WORKING AT JARKHAND AS ASSISTANT MANAGER PARTS MARKETING TELCO CONSTRUCTION EQUIPMENT COMPANY LTD SERVICE HEADQUARTERS BESIDE SBI TELCO CAMPUS BRANCH, JUMSHEDPUR JARKHAND-831 004.

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K.T.JOSEPH, AGED 65 YEARS KOOMAKKIYIL HOUSE, THIRUVAMARADI.P.O, KOOTHATTUKULAM ERNAKULAM DISTRICT. 686 687.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 17-112012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(FC) 3868/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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P1- TRUE COPY OF THE ORIGINAL PETITION 1206/09 PENDING BEFORE THE FAMILY COURT, ERNAKULAM.

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P2- TRUE COPY OF THE MEMORANDUM OF MC NO.234/09 PENDING BEFORE THE FAMILY COURT, ERNAKULAM.

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P3- A TRUE COPY OF THE EXECUTION PETITION NO.68/10 OF THE FAMILY COURT, ERNAKULAM.

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P4- TRUE COPY OF THE JUDGMENT IN O.P(FC)NO.544/12 OF THIS HON'BLE COURT.

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P5- A TRUE COPY OF THE ORDER DATED 06.10.2012 IN EXECUTION PETITION NO.68/10 OF THE FAMILY COURT, ERNAKULAM.

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RESPONDENTS' EXHIBITS NIL

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/TRUE COPY/ P.A. TO JUDGE.

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PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ. -----------------------O.P.(FC) . NO. 3868 OF 2012

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Dated this the 17^th day of November, 2012

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JUDGMENT

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Pius C.Kuriakose,J

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Under challenge in this original petition filed under Article 227 is Ext.P5 order passed by the Family Court, Ernakulam. By Ext.P5, the learned Presiding Officer of the Family Court transferred E.P.No.68/2010 and connected matters to the Family Court, Muvattupuzha. It appears to us that the above order of transfer was passed on the basis of the establishment of a new Family Court at Muvattupuzha and the conferment of jurisdiction, over places like Koothatukulam, on that court.

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Sri. P.M.Joseph, learned counsel for the petitioner submits that this transfer order results in extreme hardship to the petitioner.

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The question that arises for decision before us is whether Ext.P5 is liable to be interfered under the supervisory jurisdiction. Our answer is in the negative. We dismiss this

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O.P(FC) No. 3868 /2012

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original petition. However, we make it clear that if so advised, the petitioner can apply for transfer of E.P.No.68/2010 and connected matters on grounds provided under Section 24 of the Civil Procedure Code. The petitioner is exempted from appearing before the Family Court, Muvatupuzha till 22/11/2012.

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Sd/-

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PIUS C.KURIAKOSE, JUDGE

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Sd/-

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BABU MATHEW P.JOSEPH, JUDGE.

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Dpk

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/True copy/ P.A to Judge.

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O.P(FC) No. 3868 /2012 3

Reji Sebastian v. Thomas @ Vinod

Case brief

What is this about?

What did the court decide?

Reji Sebastian v. Thomas @ Vinod

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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