Allowed

Akash Pushparajan v. Athiraudayan

Kerala HC8 Sept 2023RP/483/2023

Case brief

AI extract

What is this about?

The Kerala High Court allowed a review petition recalling an order in a transfer petition contestation. The court noted that the underlying dispute between the petitioner and respondent had been settled, with parties filing a mutual consent divorce petition, rendering the transfer unnecessary.

What did the court decide?

The review petition is allowed and the order dated 10.04.2023 in Tr.P(C) No.59/2023 is recalled.

Akash Pushparajan Vs Athiraudayan — Matrimonial and Divorce | Kerala HC (2023)

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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 C.S.DIAS

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FRIDAY, THE 8^TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945

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RP NO. 483 OF 2023

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AGAINST THE ORDER/JUDGMENT Tr.P(C) 59/2023 OF HIGH COURT OF KERALA PETITIONER/S:

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AKASH PUSHPARAJAN AGED 43 YEARS S/O R.PUSHPARAJAN RESIDING AT SAUGANDHIKAM VALLIKEZHU KAVANADU P.O SAKTHIKULANGARA KOLLAM DISTRICT REPRESTENDED BY POWER OF ATTORNEY HOLDER SMT SINDHU AGED 57 W/O R.PUSHARAJAN RESINDING AT SAUGANDHIKAM,VALLIKEEZHU NAGAR 235, NEAR VALLIKEEZHU TEMPLE,KAVANAD,KOLLAM, PIN - 691003

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BY ADVS. AJITH VISWANATHAN SHIBU JOSEPH

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RESPONDENT/S:

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ATHIRA UDAYAN UDAYAKUMAR, UDAYABHAVANAM, AMPALATHUBHAGAMP.O, PORUVAZHI, KUNNATHOORTHALUK, KOLLAM DISTRICT, PIN - 690520

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BY ADV P.V.DILEEP

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RP NO. 483 OF 2023

ORDER

The review petition is filed to review the order dated 10.04.2023 in Tr.P(C) No.59/2023.

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The review petitioner has asserted in the memorandum of review petition that although he had engaged a Counsel, who had the vakalath and a counter affidavit, the same were not noted by the Registry. It is only after the impugned order was passed, that the petitioner came to learn that the case number on the vakalth was mistakenly shown by the Clerk of his Counsel. Due to the said omission the counter affidavit was also accepted on record. The petitioner has a valid contentions in the transfer petition. It is only due to the above bonafide mistake that the petitioner could not contest the transfer petition on its merits. The petitioner may be granted an opportunity to contest the matter on merits. Hence, the review petition.

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RP NO. 483 OF 2023

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Heard; Sri.Shibu Joseph, the learned Counsel appearing for the petitioner and Sri.P.V.Dileep, the learned Counsel appearing for the respondent.

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Today, when the review petition was taken up for consideration, the learned Counsel on both sides submitted that, subsequent to the filing of the review petition, the disputes between the parties have been settled and they have filed OP No.1007/2023 before the Family Court, Kollam, to dissolve their marriage, on mutual consent, under Section 13B of the Hindu Marriage Act. Therefore,

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both parties have agreed that OP(HMA) No.683/2022 can be considered and disposed of by the Family Court, Kollam itself. Hence, the transfer petition is unnecessary. The said submission is recorded.

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In the light of the pleadings and materials on

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RP NO. 483 OF 2023

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record, the submissions made across the Bar and the subsequent developments that have transpired, I am of the view that the review petition is to be allowed.

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Resultantly, the review petition is allowed. The order dated 10.04.2023 in Tr.P(C) No.59/2023 is recalled.

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Sd/-

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C.S.DIAS JUDGE

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rkc/08.09.23

Akash Pushparajan v. Athiraudayan

Case brief

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Akash Pushparajan v. Athiraudayan

Case brief

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What did the court decide?

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