Allowed

Anuja K.v., v. Prasanth Varghese

Kerala HC1 Apr 2019Tr.P(C)/69/2019

Case brief

AI extract

What is this about?

A single judge of the High Court of Kerala allowed a transfer petition seeking to transfer O.P.No.1033/2018 from Family Court, Kottayam to Family Court, Alappuzha. The court held that transfer was essential to avoid inconvenience to the respondent residing in Kottayam, despite the petitioner's claim of hardship. Records were directed to be transmitted, and fresh notice to appear was scheduled.

What did the court decide?

O.P.1033/2018 transferred to Family Court, Alappuzha; records directed to be transmitted; notice for appearance fixed.

Anuja K.v., Vs Prasanth Varghese — Civil Procedure and Limitation | 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 SUNIL THOMAS

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MONDAY ,THE 01ST DAY OF APRIL 2019 / 11TH CHAITHRA, 1941

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Tr.P(C).No. 69 of 2019

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(TRANSFER OF OP.NO. 1033/2018 of FAMILY COURT, KOTTAYAM TO FAMILY COURT, ALAPPUZHA)

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PETITIONER/PETITIONER:

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ANUJA K.V., AGED 28 YEARS D/O K.C. VARGHESE, RESIDING AT KANMATHUKALAM HOUSE, CHERTHALA TALUK, AROOR P.O., ALAPPUZHA DIST.-688534.

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BY ADVS. SRI.PADMALAYAN.P.P. SRI.P.A.JOSEPH (J-1448) SRI.P.RAHIM

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RESPONDENT/RESPONDENT:

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PRASANTH VARGHESE, AGED 31 YEARS S/O ANTONY VARGHESE, RESIDING AT KARUKAYIL VEEDU, PEEDIKAPPADI BHAGAM, THRIKKODITHANAN VILLAGE, CHANGANASSERY TALUK, KOTTAYAM-686105.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 69 of 2019

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O R D E R

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The petitioner is the respondent in O.P.No.1033/2018, pending before the Family Court, Kottayam. Transfer is sought by the petitioner of the above case from Family Court, Kottayam, to Family Court, Alappuzha, on a premise that she is permanently residing at Aroor within Alappuzha District and she is looking after 1½ year old daughter. According to her, it is extremely difficult for her to contest

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the proceedings at Kottayam leaving behind the above child.

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Notice was served on the respondent, who has not chosen to appear and to contest the proceedings.

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It is seen that the respondent is residing at Kottayam. Considering the entire facts. I feel that it is essential to transfer the case from Family Court, Kottayam to Family Court, Alappuzha, which will not be inconvenient to the respondent also. Accordingly, I am inclined to allow the Tr.P.(C) as follows:

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O.P.1033/2018 pending before the Family Court,

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Tr.P(C).No. 69 of 2019

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Kottayam stands transferred to Family Court, Alappuzha.

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Family Court, Kottayam shall transmit all the

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records to Family Court, Alappuzha.

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Both sides shall appear before the Family Court, Alappuzha on 11.06.2019. If the respondent does not appear before the Family Court, Alappuzha, the Family Court shall issue notice to procure his presence.

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Tr.P(C) is allowed as above.

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Sd/- SUNIL THOMAS, JUDGE

R.AV

//True Copy//

PA to Judge

Tr.P(C).No. 69 of 2019

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The words “1 ½ year old daughter” seen in 1^st paragraph of the Order dated 01.04.2019 in Tr.P(C).No.69/2019 are corrected as “1 ½ year old son” as per order dated 21.05.2019 in I.A.No.2/2019 in Tr.P.(C)No.69/2019.

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Sd/- Deputy Registrar

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Tr.P(C).No. 69 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE O.P.NO.1033/18 PENDING BEFORE THE FAMILY COURT, KOTTAYAM

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ANNEXURE A2 NOTICE DATED 3.12.18 OF THE FAMILY COURT, KOTTAYAM TO THE PETITONER

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RESPONDENT'S/S EXHIBITS NIL

Anuja K.v., v. Prasanth Varghese

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Anuja K.v., v. Prasanth Varghese

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