The Single Bench dismissed a review petition filed against an order dismissing a transfer appeal. The Court held that arguments based on the petitioner's dwell and convenience are not permissible for agitating the issue again.
The review petition stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL &
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA,
1945
RP NO. 272 OF 2023
SEEKING TO REVIEW THE JUDGMENT DATED 04/01/2023 IN TRANSFER APPEAL (CIVIL) NO.16/2022 PASSED BY THIS HON'BLE COURT. REVIEW PETITIONERS/APPELLANTS IN TRANSFER APPEAL(C):
1 P.V. NEETHUMOL AGED 30 YEARS, KUTTIPARAMBIL HOUSE NO 377, KARIMANNUR VILLAGE, VANDAMATTOM P.O, THODUPUZHA NOW RESIDING AT PUTHUSSERIL HOUSE, NEAR S.N COLLEGE, THOTTADA, KANNUR, PIN - 670007
2 NIYA MARIA JINSON AGED 5 YEARS, REPRESENTED BY THE FIRST APPELLANT HER MOTHER AS GUARDIAN P.V NEETHUMOL, AGED 30 YEARS, KUTTIPARAMBIL HOUSE NO 377, KARIMANNUR VILLAGE, VANDAMATTOM P.O., THODUPUZHA, NOW RESIDING AT PUTHUSSERIL HOUSE, NEAR S.N COLLEGE, THOTTADA, KANNUR, PIN - 670007
BY ADVS. K.S.BHARATHAN ALPHIN ANTONY AADITHYAN S.MANNALI VISAKH ANTONY RANCE R. HASNA NAZAR S.JAMES VINCENT(K/122/1974)
RESPONDENTS/RESPONDENTS IN TRANSFER APPEAL (C):
1 JINSON LAZAR, AGED 35 YEARS, SON OF LAZAR KUTTOPARAMBIL VEED, KARIMANNUR VILLAGE, VANDAMATTOM P.O, THODUPUZHA, PIN - 685582
2 LAZAR
R.P.No. 272 of 2023 Arising from Tr.Appeal (C) No.16/2022
2
AGED 67 YEARS, RESIDING AT KUTTOPARAMBIL VEEDU, KARIMANNUR VILLAGE, VANDAMATTOM P.O, THODUPUZHA, PIN - 685582
3 SHOBHANA, W/O LAZAR, AGED 67 YEARS, KUTTOPARAMBIL VEED, KARIMANNUR VILLAGE VANDAMATTOM P.O, THODUPUZHA, PIN - 685582
BY ADV DENNY VARGHESE
THIS REVIEW PETITION HAVING COME UP FOR FINAL HEARING ON 01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P.No. 272 of 2023 Arising from Tr.Appeal (C) No.16/2022
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AMIT RAWAL & C.S.SUDHA, JJ.
R.P.No. 272 of 2023 Arising from Tr.Appeal (C) No.16/2022
Dated this the 1st day of November, 2023
O R D E R
Amit Rawal, J.
A Review Petition has been field for review the order dated 04/01/2023 passed in Tr.Appeal (C) No.16/2022 preferred against the order dated 23/08/2022 in Tr.P(C) No.292/2022. The review petitioner in the Tr.P(C) No.292/2022 had sought the transfer of the matter from Family Court, Thodupuzha to Family Court, Kannur on the ground that she had shifted to Kannur along with the minor child. Single Bench as well as the Division Bench of this Court noticed that all other proceedings like petition under Section 23 of the Protection of Women from Domestic Violence Act and for maintenance and a complaint against the father-in-law are pending at the Judicial First Class Magistrate Court, Thodupuzha.
We are of the view that the review has been filed on the ground that convenience of the wife has to be seen and there is no video conferencing facility available at the court at Thodupuzha. The said
R.P.No. 272 of 2023 Arising from Tr.Appeal (C) No.16/2022
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argument cannot be accepted for the reason that it tantamounts to agitating the issue again, which is not permissible in law. We do not find
any error in the order of this Court in dismissing the transfer appeal
bearing No.16/2022. Review petition stands dismissed.
Sd/-
AMIT RAWAL
JUDGE
Sd/- C.S.SUDHA JUDGE
Jms
R.P.No. 272 of 2023 Arising from Tr.Appeal (C) No.16/2022
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APPENDIX OF RP 272/2023
PETITIONER ANNEXURES
Annexure:1 True copy of I.A.No.17/2023 in O.P.No.113 of 2022 of Family Court, Thodupuzha dated 18.03.2023 Annexure:2 True copy of Objection dated 04.05.2023 in IA No. 17/2023 in OP No.113/2022 of Family COurt Thodupuzha Annexure:3 True copy order dated 27.05.2023 in IA No. 17/23 in OP No.113/2022 of Family COurt Thodupuzha
1 issue framed by the court
Whether the grounds of inconvenience and lack of video conferencing facility justify transferring the proceedings from Family Court, Thodupuzha to Family Court, Kannur.
1 provisions across 1 enactments
P.V. NEETHUMOL
NIYA MARIA JINSON
JINSON LAZAR
LAZAR
SHOBHANA
AMIT RAWAL
C.S. SUDHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
