Allowed

Rincy E.Varghese, v. Abin Babu

Kerala HC14 Oct 2019Tr.P(C)/217/2019

Case brief

AI extract

What is this about?

This judgment considers a Transfer Petition (Civil) filed by a petitioner residing in Thiruvalla seeking transfer of matrimonial proceedings from Family Court, Muvattupuzha. The High Court allowed the petition to transfer the case files to Family Court, Thiruvalla due to the petitioner's residence and medical condition, finding no prejudice to the respondent.

What did the court decide?

Transfer of I.A. No.1222/2018 in O.P. No.245/2017 and all proceedings on the files of Family Court, Muvattupuzha to Family Court, Thiruvalla.

Rincy E.Varghese, Vs Abin Babu — Matrimonial and Divorce | Kerala HC (2019)

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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 B.SUDHEENDRA KUMAR

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MONDAY, THE 14TH DAY OF OCTOBER 2019 / 22ND ASWINA, 1941

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Tr.P(C).No.217 OF 2019

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AGAINST THE ORDER/JUDGMENT IN OP 245/2017 OF FAMILY COURT, MUVATTUPUZHA

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PETITIONER/S:

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RINCY E.VARGHESE, AGED 30 YEARS RAJU VARGHESE, EDAKUNNIL HOUSE,PODIYADI P.O. NEDUMPROM VILLAGE, THIRUVALLA, PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.R.SANTHOSH BABU

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RESPONDENT/S:

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ABIN BABU AGED 32 YEARS, S/O. BABU A.P, AVALAKOOTTIL HOUSE, THIRUVANIYOOR P.O, ERNAKULAM, PIN682308.

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R1 BY ADV. SRI.P.G.MANU (MAMMALASSERY) R1 BY ADV. SMT.T.P.SINDHUMOL R1 BY ADV. SRI.P.M.THOMAS

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No.217 OF 2019

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ORDER

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The prayer in this Transfer Petition

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is to transfer Annexure-C petition in O.P.No.245/2017 on the files of the Family Court, Muvattupuzha to the Family Court, Thiruvalla.

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2. Heard.

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3. The respondent filed O.P.No.245/2017

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before the Family Court, Muvattupuzha for divorce. Even though, joint application for divorce was filed, the parties had subsequently withdrawn from the compromise. Thereafter, the above said Original Petition was dismissed for default. Annexure-C

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petition (I.A. No.1222/2018 in

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Tr.P(C).No.217 OF 2019

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O.P.No.245/2017) was filed by the

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respondent for restoration of the said

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Original Petition.

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4. The petitioner is residing in

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Thiruvalla. She is not having any employment at present, submitted by the learned counsel for the petitioner. It was further submitted by the learned counsel for the petitioner that she was having employment in Gujarat earlier. However, at present, she is not having any employment.

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At the time when she was employed in Gujarat, she was represented by her Power of Attorney, who was the mother of the petitioner. Now she is admitted in a

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Tr.P(C).No.217 OF 2019

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hospital in connection with a surgery.

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5. The respondent is admittedly

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working abroad. The respondent is

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represented by his Power of Attorney. The Power of Attorney of the respondent is also having some ailment, submitted by the learned counsel for the respondent. The petitioner is the wife. The petitioner has to travel all the way from Thiruvalla to Muvattupuzha to attend and conduct the case. There is nobody to accompany the petitioner to the Family Court, Muvattuphzha. In view of the above, the transferring of the above case to the Family Court, Thiruvalla will be

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convenient to the petitioner. If the case

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Tr.P(C).No.217 OF 2019

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is transferred to the Family Court, Thiruvalla, no prejudice will be caused to

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the respondent, particularly when, the respondent is working abroad. For the said reasons, I am inclined to allow this

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application.

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In the result, this Transfer Petition

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stands allowed, transferring I.A. NO.1222/2018 in O.P.No.245/2017 and all

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proceedings in O.P.No.245/2017 on the files of the Family Court, Muvattupuzha to the Family Court, Thiruvalla, for trial and disposal, in accordance with law.

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The case records shall be transmitted to the transferee court forthwith.

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Tr.P(C).No.217 OF 2019

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-6-

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The parties shall appear before the

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transferee court on 15.11.2019 without

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further notice.

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sd/- JUDGE

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B. SUDHEENDRA KUMAR,

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STK

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Tr.P(C).No.217 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF PETITION DATED 4.5.2017 IN OP.NO.245/2017 OF THE FAMILY COURT, MUVATTUPUZHA.

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ANNEXURE B TRUE COPY OF JOINT PETITION NO.O.P. NO.56/2018 FILED BEFORE THE FAMILY COURT, THIRUVALLA DATED 20.1.2018.

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ANNEXURE C TRUE COPY OF PETITION IN IA NO.1222/18 IN OP.NO.245/2017 FAMILY COURT, MUVATTUPUZHA.

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ANNEXURE D TRUE COPY OF NOTICE DATED 22.3.2019 ISSUED FROM FAMILY COURT, MUVATTUPUZHA.

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ANNEXURE E TRUE COPY OF MEDICAL CERTIFICATE DATED 29.3.2017 ISSUED BY DR. UMESH KUMAR.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R1 A TRUE COPY OF THE PETITION AS TR.P(C) NO-507/2017 DATED 28/7/2017

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EXHIBIT R1 B TRUE COPY OF THE AGREEMENT UNDER SECTION 89 R/W RULES 24&25 OF THE CODE OF CIVIL PROCEDURE DATED 20/1/2018

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EXHIBIT R1 C

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TRUE COPY OF THE MEMO IN O.P.(DIV) NO56/2018 DATED 15/10/2018 FILED BY THE COUNSEL FOR PETITIONER BEFORE THE FAMILY COURT AT THIRUVALLA

Rincy E.Varghese, v. Abin Babu

Case brief

What is this about?

What did the court decide?

Rincy E.Varghese, v. Abin Babu

Case brief

What is this about?

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