The High Court declined the request to transfer O.P. No. 217/2021 under Section 24 CPC as the dispute primarily concerns the respondents. The court dispensed with the petitioners' personal appearance due to their age and illness.
Request to transfer O.P. No. 217/2021 is declined; personal appearance of petitioners is dispensed with.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 19TH DAY OF SEPTEMBER 2022 / 28TH BHADRA, 1944
TR.P(C) NO. 46 OF 2022
IN OP(RM) 217/2021 OF FAMILY COURT, THODUPUZHA
PETITIONERS/RESPONDENT NO.2&3:
1SREEDEVI,
AGED 58 YEARS,
W/O. GOPALAKRISHNAN, KUNNUMPURATHE HOUSE,
KEEZHAMBARA KARA, CHITTANAPPARA, MELAMBARA P.O,
PALA - 686578.
NOW RESIDING AT KUNNUMPURATHE HOUSE,
ELAMKULAM KARA, KOORALI P.O, KOTTAYAM – 686522.
2GOPALAKRISHNAN NAIR,
AGED 60 YEARS,
S/O.JANARDANAN NAIR,
KUNNUMPURATHE HOUSE, KEEZHAMBARA KARA,
CHITTANAPPARA, MELAMBARA P.O, PALA - 686578. NOW
RESIDING AT KUNNUMPURATHE HOUSE, ELAMKULAM KARA,
KOORALI P.O, KOTTAYAM - 686522.
BY ADVS.P.BABU KUMAR
P.YADHU KUMAR
RESPONDENTS/ PETITIONER/ RESPONDENT NO.1:
1REVATHY REGHUNATH
D/O. REGHUNATH, AISWARYA NIVAS, KAAP KARA,
MADAKKATHANAM P.O, MUVATTUPUZHA TALUK, ERNAKULAM -
PIN - 686104.
2HARIKRISHNAN K.G.
AGED 32 YEARS
S/O. GOPALAKRISHNAN,
KUNNUMPURATHE HOUSE,
KEEZHAMBARA KARA, MELAMBARA P.O,
PALA - 686578. NOW RESIDING AT KUNNUMPURATHE HOUSE,
ELAMKULAM KARA, KOORALI P.O, KOTTAYAM - 686522.
BY ADV SREELAL N.WARRIER
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.09.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Tr.P.(C)No.46/2022
-:2:-
Dated this the 19th day of September,2022
O R D E R
The transfer petition is filed under Section 24 of
the Code of Civil Procedure,1908(in short, 'C.P.C.'), seeking to transfer O.P.No.217/2021 (Annexure-2), from the Family Court, Thodupuzha to the Family Court, Pala.
Tr.P.(C)No.46/2022
-:3:-
second respondent, seeking an order of maintenance. The second respondent has filed O.P.No.280/2021 (Annexure-A1) before the Family Court, Pala, against the first respondent, seeking a decree of divorce. The petitioners are old and infirm. They are suffering from various illnesses. It would be difficult for them to contest Annexure-A2 before the Family Court, Thodupuzha. Hence, the transfer petition.
Tr.P.(C)No.46/2022
-:4:-
M.C.No.48/2020 before the Family Court, Thodupuzha. The second respondent is contesting the proceeding there. The main ground for seeking transfer is the ill-health of the petitioners. As the dispute is principally between the respondents, I am of the firm view that the personal appearance of the petitioners can be dispensed with.
Tr.P.(C)No.46/2022
-:5:-
ordering the transfer of a case from one Court to another.
In the result, I dispose of the transfer petition as follows:
Tr.P.(C)No.46/2022
-:6:-
Sd/-
C.S.DIAS,JUDGE
DST/19.09.22
//True copy/
P.A.To Judge
Tr.P.(C)No.46/2022
-:7:-
APPENDIX
PETITIONER ANNEXURES
ANNEXURE A1TRUE COPY OF OP(DIV) NO.280/2021 BEFORE
THE FAMILY COURT AT PALA DATED
01.07.2021.
ANNEXURE A2TRUE COPY OF OP(RM) NO.217/2021 BEFORE
THE FAMILY COURT AT THODUPUZHA, DATED
22.07.2021.
ANNEXURE A3TRUE COPY OF MEDICAL CERTIFICATE OF 1ST
PETITIONER ISSUED BY DR.JOY FRANCIS
DATED 12.01.2022.
ANNEXURE A4TRUE COPY OF MEDICAL REPORT ISSUED BY
DEPARTMENT OF NEURO SURGERY AND SPINE
SURGERY, MAR SLEEVA MEDICITY, PALA.
RESPONDENT ANNEXURES: NIL
2 issues framed by the court
Whether the transfer of O.P. No. 217/2021 from Family Court, Thodupuzha to Family Court, Pala should be allowed under Section 24 of CPC.
Whether the ill-health of the petitioners justifies dispensing with their personal appearance for contesting the proceeding.
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1 provisions across 1 enactments
Sreedevi
Gopalakrishnan Nair
Revathy Reghunath
Hariankshan K.G.
C.S. Dias
As recorded by the court registry
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