Allowed

Thomas Sebastian v. Ajeesh Thomas

Kerala HC19 Sept 2023Tr.P(C)/148/2023

Case brief

AI extract

What is this about?

Senior citizen petitioners applied to transfer O.P. 125/2023 from the Family Court, Palakkad to the Family Court, Pala, citing their residence in Kottayam and the unwell son-in-law respondent. Finding the respondent unopposed and the petitioners unable to defend the custody suit locally, the court allowed the transfer.

What did the court decide?

O.P. No. 125/2023 before the Family Court, Palakkad is transferred to the Family Court, Pala.

Thomas Sebastian Vs Ajeesh Thomas — Service and Employment | 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 DEVAN RAMACHANDRAN

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TUESDAY, THE 19TH DAY OF SEPTEMBER 2023 / 28TH BHADRA, 1945

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TR.P(C) NO. 148 OF 2023

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TRANSFER THE OP 125/2023 PENDING BEFORE THE FAMILY COURT, PALAKKAD TO

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FAMILY COURT, PALA

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PETITIONERS/RESPONDENTS IN O.P:

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1 THOMAS SEBASTIAN

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AGED 62 YEARS
S/O SEBASTIAN,, RESIDING AT MANNAMPARAMBIL HOUSE,
ANGELVALLY, THULAPPALLY P.O., KANJIRAPPALLAY TALUK,
KOTTAYAM DISTRICT.., PIN - 686510

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2 THRESSIAMMA AGED 57 YEARS

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W/O THOMAS SEBASTIAN, RESIDING AT MANNAMPARAMBIL HOUSE,
ANGELVALLY, THULAPPALLY P.O., KANJIRAPPALLAY TALUK,
KOTTAYAM DISTRICT., PIN - 686510
BY ADVS.
MANUEL KACHIRAMATTAM
MERRY GEORGE

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RESPONDENT/PETITIONER IN O.P.:

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AJEESH THOMAS

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AGED 37 YEARS
S/O THOMAS, RESIDING AT ALUMKAL HOUSE, KAYARADI P.O.,
CHITTOOR TALUK, PALAKKAD DISTRICT ., PIN - 678510

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 148 OF 2023

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O R D E R

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The petitioners seek that O.P.No.125/2023
before the Family Court, Palakkad, be
transferred to the Family Court, Pala, since the
first among them is a senior citizen; while, the
2ndis unwell and suffering from certain

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illnesses.

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2.The petitioners say that they are
finding it extremely difficult to defend the
afore original petition filed by their son-in-
law – the respondent, before the Family Court,
Palakkad; and therefore, that they have been
constrained to approach this Court through this
transfer petition. They assert that respondent
has filed the afore Original Petition - seeking
custody of his child and that of their daughter
- arraying them as the respondents.

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TR.P(C) NO. 148 OF 2023

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3.The files reveal that service on the

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respondent has been completed validly, but that
he has chosen not to be present in person or to
be represented through counsel; inferentially
guiding me to the impression that he has nothing
to offer in answer to the various allegations
contained in this Transfer Petition.

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4.Noticing the contentions of the

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petitioners as afore, this Court had called for
a report from the Family Court, Palakkad, to
verify if the daughter of the petitioner’s has
been arrayed as a respondent in O.P.No.125/2023.
The answer of the said Court is to the negative.

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5.0In the afore circumstances and since
the petitioners are admittedly residing at
Kottayam and will find it difficult to defend
the Original Petition before the Family Court,
Palakkad, I deem it appropriate to allow this

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TR.P(C) NO. 148 OF 2023

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Transfer Petition, particularly because it is
not opposed by the respondent.

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In the afore circumstances, this Transfer

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Petition is allowed and O.P No.125/2023 will

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standtransferredfromtheFamily

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Court,Palakkad to the Family Court, Pala.

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Consequently, the Original Petition, on
transfer, will be numbered appropriately and
the parties notified of further proceedings as
per law.

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 Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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SAS

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TR.P(C) NO. 148 OF 2023

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APPENDIX OF TR.P(C) 148/2023

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PETITIONERS’ ANNEXURES:

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Annexure A1THE TRUE COPY OF THE I.A. NO. 2/2023 IN O.P.
NO. 125/2023 IN THE FILES OF FAMILY COURT
PALAKKKAD.
Annexure A2THE TRUE PHOTOCOPY OF THE PETITION FILED AS
O.P. NO. 898/20122 BEFORE THE FAMILY COURT
PALA.
Annexure A3THE TRUE COPY OF THE INTERIM ORDER DATED
1.12.2022 PASSED IN C.M.P. NO. 2627/2022 IN
M.C. NO. 54/2022 BY THE JUDICIAL FIRST CLASS
MAGISTRATE COURT II KANJIRAPPALLY.

Thomas Sebastian v. Ajeesh Thomas

Case brief

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What did the court decide?

Thomas Sebastian v. Ajeesh Thomas

Case brief

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