Allowed

Cissy Alex Antraper v. Ashly Jacob

Kerala HC14 Sept 2023Tr.P(C)/4/2023

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed a transfer petition. The petitioner, residing in Thiruvananthapuram with two children, sought transfer of a divorce petition from Pathanamthitta to Thiruvananthapuram citing difficulty in travel and childcare issues. The court approved the transfer.

What did the court decide?

O.P.(Div) No.1039/200 transferred from Family Court, Pathanamthitta to Family Court, Thiruvananthapuram.

Cissy Alex Antraper Vs Ashly Jacob — 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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THURSDAY, THE 14^TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945

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TR.P(C) NO. 4 OF 2023

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OP(DIV) 1039/2022 OF FAMILY COURT, PATHANAMTHITTA PETITIONER/RESPONDENT:

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CISSY ALEX ANTHRAPER, AGED 51 YEARS, W/O ASHLY JACOB, MALIACKAL ,AMBADI NAGAR LANE -I, NEAR MATHA HOTEL, BEHIND GOVERNMENT ENGINEERING COLLEGE, SREEKARYAM, THIRUVNTHAPURAM DISTRICT, PIN - 695017

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BY ADV K.V.BHADRA KUMARI

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RESPONDENT/PETITIONER:

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ASHLY JACOB, AGED 48 YEARS, S/O JACOB, KOCHUTHUNDIYIL HOUSE, BLOCK NO .1, EX -SERVICE MAN COLONY, VENCHOOCHIRA, KOLLAMULA VILLAGE, RANNI TALUK, PATHANAMTHITTA, PIN - 686511

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 4 OF 2023

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ORDER

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The petitioner seeks that O.P.(Div) No.1039/2022 be transferred from the Family Court, Pathanamthitta, to the Family Court, Thiruvananthapuram.

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The petitioner says that she is presently residing at Thiruvananthapuram, which is her parental home, consequent to the matrimonial disputes between her and the respondent – her husband; and therefore, that she is finding it extremely difficult to travel to Pathanamthitta every time the case is listed. She says that she has two children who are in her care; and therefore, that when she has to attend the Court in such a faraway place, they are left without proper care and attention, particularly because her parents are not in good health. She thus reiteratingly prays that the afore Original Petition be transferred to the Family Court, Thiruvananthapuram.

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The records reveal that , even though service of summons from this Court have been validly completed on the respondent, 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 opposition to the various reliefs sought for in this writ petition.

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TR.P(C) NO. 4 OF 2023

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I have examined the pleadings on record and have no doubt that the petitioner's apprehensions and concerns projected herein are genuine. This is because, since she is now living at Thiruvananthapuram, it will be difficult for her to attend the Court at Pathanamthitta, particularly when she is in charge of her two children.

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In the afore circumstances, I allow this Transfer Petition and order that OP (Div) No.1039/200 will stand transferred to the Family Court, Thiruvananthapuram from the Family Court, Pathanamthitta.

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Needless to say, on the transfer being completed, the Original Petition will be numbered and the parties appropriately notified of further proceedings as per law.

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Sd/- DEVAN RAMACHANDRAN

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JUDGE

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stu

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TR.P(C) NO. 4 OF 2023

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APPENDIX OF TR.P(C) 4/2023

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PETITIONER ANNEXURES

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Annexure 1 A TRUE COPY OF THE DIVORCE PETITION FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, PATHANAMTHITTA, AS O.P.(DIV) NO.1039/2022.

Cissy Alex Antraper v. Ashly Jacob

Case brief

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Cissy Alex Antraper v. Ashly Jacob

Case brief

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