Allowed

Riya K. Chacko v. Boby Varkey

Kerala HC8 Nov 2016Tr.P(C)/416/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a transfer petition moving a divorce case from Family Court, Thiruvalla to Family Court, Alappuzha due to the petitioner's residence and hardship, directing expedited disposal with counseling and mediation via Section 89 CPC.

What did the court decide?

Transfer of OP(Div) No.257/2016 from Family Court, Thiruvalla to Family Court, Alappuzha; parties directed to appear on 6.12.2016.

Riya K. Chacko Vs Boby Varkey — Matrimonial and Divorce | Kerala HC (2016)

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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 K.RAMAKRISHNAN

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TUESDAY, THE 8TH DAY OF NOVEMBER 2016/17TH KARTHIKA, 1938 Tr.P(C).No. 416 of 2016 -----------------------

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OP(DIV) 257/2016 OF FAMILY COURT, THIRUVALLA

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PETITIONER(S)/RESPONDENT:

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RIYA K. CHACKO, AGED 38 YEARS, D/O.DR.KUNJI CHACKO M JACOB, MAZHUVANCHERY PARAMBATHU VEETTIL, HOUSE NO 1304/20(OLD), THIRUMALA WARD, PAZHAVEEDU P O, MULLACKAL VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA-688009.

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BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G SRI.DIPU JAMES

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RESPONDENT(S)/PETITIONER:

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BOBY VARKEY, AGED 43 YEARS, S/O.LATE V.M.VARKEY, SANKARAVELIL VEETTIL, ERAVIPEROOR P O, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT-689542.

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BY ADVS. SRI.JOSEPH GEORGE SRI.BIJO THOMAS GEORGE

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 416 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE P1 COPY OF OP.(DIV)NO.257/2016 OF THE FAMILY COURT, THIRUVALLA RESPONDENT(S)' ANNEXURE ----------------------NIL. / TRUE COPY / P.S. TO JUDGE

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K. RAMAKRISHNAN, J.

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....................................... Tr.P.(C).No.416 of 2016

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........................................ Dated this the 8^th day of November, 2016.

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O R D E R

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This is a petition filed by the petitioner seeking transfer of OP(Div)No.257/2016 pending before the Family Court, Thiruvalla to the Family Court, Alappuzha under section 24 of the Code of Civil Procedure.

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It is alleged in the petition that the marriage between the petitioner and the respondent was solemnized on 20.5.2004 at Thiruvalla and two children were born to them in that wedlock. After some time, their relationship strained and they are now residing separately. The petitioner is now residing along with her children in her parental home at Alappuzha. The respondent herein filed OP(Div).No.257/2016 seeking divorce evidenced by Annexure-A1. She is finding it difficult to go to Thiruvala to conduct the case. So she filed the above petition seeking transfer of the case to the Family Court, Alappuzha

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The respondent entered appearance through Sri. Joseph George and submitted that he has no objection in transferring the case to Alappuzha but a direction may be given to the Family Court, Alappuzha to dispose of the case within a time frame.

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Heard Sri. George Mathew, counsel appearing for the petitioner and Sri. Joseph George, counsel appearing for the respondent.

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Tr.P.(C).No.416 of 2016

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The petitioner is a lady residing at Alappuzha with her children. Asking her to go to Thiruvalla to conduct the case will cause unnecessary hardship to her. Further the respondent also has no objection in transferring the case, but he wants only a direction to be given to the Family Court, Alappuzha for expeditious disposal and that can be considered. So under such circumstances, this court feels that it is necessary in the interest of justice to transfer OP(Div).No.257/2016 pending before the Family Court, Thiruvalla to the Family Court, Alappuzha for disposal.

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So the petition is allowed. OP(Div).No.257/2016 pending before the Family Court, Thiruvalla is withdrawn and transferred to the Family Court, Alappuzha. Both the counsel submitted that if a date is fixed for appearance of the parties, they will appear before the transferee court. So parties are directed to appear before the Family Court, Alappuzha on 6.12.2016. The Family Court, Thiruvalla is directed to transmit the records to the Family Court, Alappuzha so as to reach that court before the date fixed for appearance. The Family Court, Alappuzha is directed to expedite the disposal of the case after completing the procedure of counseling and mediation as provided in the Family Court Act under section 89 of the Code of Civil Procedure at the earliest possible time.

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Tr.P.(C).No.416 of 2016

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Registry is directed to communicate a copy of this order to

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both the courts immediately.

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Sd/-

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K. RAMAKRISHNAN, JUDGE.

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Riya K. Chacko v. Boby Varkey

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Riya K. Chacko v. Boby Varkey

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