Allowed

Ansu v. Jayson Varghese

Kerala HC17 Jul 2012Tr.P(C)/151/2012

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition to move a divorce case from Family Court Thiruvalla to Family Court Alappuzha. The transfer was granted due to the wife's significant travel hardship, balanced against the husband's inconvenience by permitting lawyer appearances. Related applications were dismissed.

What did the court decide?

The divorce petition O.P.(Div.) No.195 of 2012 was transferred from Family Court Thiruvalla to Family Court Alappuzha. The husband was directed to appear through counsel except when physical presence

Ansu Vs Jayson Varghese — Matrimonial and Divorce | 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 THOMAS P.JOSEPH

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TUESDAY, THE 17TH DAY OF JULY 2012/26TH ASHADHA 1934

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Tr.P(C).No. 151 of 2012 ()

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OP(Div.)NO.195/2012 OF FAMILY COURT, THIRUVALLA

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PETITIONER(S)/RESPONDENT:

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ANSU AGED 26 YEARS, D/O.ANI ACHANKUNJU, PALAVILAYIL PUTHEN VEEDU, KARIMULAKKAL, CHENAKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.

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BY ADVS.SRI.R.PADMAKUMAR SRI.P.ARAVIND

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RESPONDENT(S)/PETITIONER:

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JAYSON VARGHESE AGED 29 YEARS, ALUMOOTTIL JAYIS VILLA ELAMANNOOR P.O., MANGADU, ENADIMANGALAM ADOOR TALUK, PATHANAMTHITTA DISTRICT-691523. BY ADV. SRI.K.SHAJ BY ADV. SRI.SAJJU.S BY ADV.A.C.EAPEN

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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THOMAS P. JOSEPH, J.

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-------------------------------------Tr.P.(C) No.151 of 2012 -------------------------------------Dated this the 17^th day of July, 2012. ORDER

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This petition is filed by the wife, respondent in O.P.(Div.) No.195 of 2012 for transfer of that case from the Family Court, Thiruvalla to the Family Court, Alappuzha, at Mavelikkara Camp.

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Respondent has filed O.P.(Div.) No.195 of 2012 for divorce. Petitioner is aged about 26 years and is residing near Mavelikkara. She has to travel about 35 kms. to attend the Family Court at Thiruvalla. There is nobody to accompany the respondent.

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Respondent has opposed the application. According to the learned counsel if the case is transferred to the Family Court, Alappuzha at Mavelikkara Camp it will cause inconvenience to the respondent.

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The Supreme Court in Sumitha Singh v. Kumar Sanjay and

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another (AIR 2002 SC 396) and Arti Rani v. Dharmendra Kumar Gupta [(2008) 9 SCC 353] has held that while considering the request for transfer of matrimonial proceedings convenience of the wife has to be looked into.

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Having regard to the difficulties of both sides I am inclined to think that the comparative hardship is more on the petitioner if request for transfer is not allowed. Moreover, the inconvenience if any that may be caused to the

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respondent could be reduced by directing that he can appear in the Family Court, Alappuzha at Mavelikkara Camp through counsel except when his physical presence is required.

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Resultantly this transfer petition is allowed as under:.

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(i) O.P.(Div.) No.195 of 2012 pending in the Family Court, Thiruvalla is withdrawn from that court and transferred to the Family Court, Alappuzha at Mavelikkara Camp for trial and disposal.

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(ii) The transferor court while transmitting records of the case to

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the transferee court shall fix the date for appearance of the parties in the transferee court with due intimation to the counsel for both parties.

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(iii) Respondent can appear in the transferee court through

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counsel except when his physical presence is required.

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I.A.No.867 of 2012 will stand dismissed.

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All pending interlocutory applications will stand dismissed.

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THOMAS P.JOSEPH, Judge.

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cks

Ansu v. Jayson Varghese

Case brief

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What did the court decide?

Ansu v. Jayson Varghese

Case brief

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