Allowed

Divya James v. Sherin Varghese

Kerala HC4 Apr 2024Tr.P(C)/49/2024

Case brief

AI extract

What is this about?

Wife sought transfer of her husband's case O.P.No.575/2023 from Family Court, Thiruvalla to Family Court, Thiruvananthapuram, where three cases filed by her were already pending. Finding all four cases connected, the court allowed the transfer for joint trial and disposal.

What did the court decide?

O.P.No.575/2023 transferred from Family Court, Thiruvalla to Family Court, Thiruvananthapuram.

Divya James Vs Sherin Varghese — Child Custody and Guardianship | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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THURSDAY, THE 4^TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946 TR.P(C) NO. 49 OF 2024

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OP NO.575 OF 2023 OF FAMILY COURT, THIRUVALLA PETITIONER/RESPONDENT:

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DIVYA JAMES, AGED 33 YEARS D/O JAMES MATHEW, ULLOORKONAM, THUNDATHIL, KAZHAKKOOTTAM, THIRUVANANTHAPURAM . NOW RESIDING AT EBENEZER, TC 2/2541/4, ULLOORKONAM, LNCPE, THUNDATHIL P.O, THIRUVANANTHAPURAM. PIN - 695581

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BY ADVS.RAHUL SUNIL P.M.RAFIQ, SRUTHY K.K ASHWIN V. ANAND

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RESPONDENT/PETITIONER:

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SHERIN VARGHESE, AGED 33 YEARS, S/O. MONCY VARGHESE, 84-B, KARMAMKULATHU HOUSE, ERAVIPEROOR P.O., THIRUVALLA, PATHANAMTHITTA, PIN - 689542

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Tr.P.(C).No.49/2024

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O R D E R

Dated this the 4^th day of April, 2024

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Heard the learned counsel for the petitioner. There is no appearance for the respondent despite the service of notice.

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This transfer petition has been filed to transfer O.P.No.575/2023 on the files of the Family Court, Thiruvalla to the Family Court, Thiruvananthapuram.

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The petitioner is the wife and the respondent is the husband. O.P.No.575/2023 has been filed by the husband against the wife before the Family Court, Thiruvalla. Three other cases filed by the wife are pending before the Family Court, Thiruvananthapuram. Since all the four cases are connected, it is just and proper to transfer O.P.No.575/2023 also to the Family Court, Thiruvananthapuram.

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Hence, this transfer petition is allowed. O.P.No.575/2023 on the files of the Family Court, Thiruvalla is withdrawn and transferred to the Family Court, Thiruvananthapuram for trial and disposal along with the other three cases filed by the wife pending there.

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Sd/-

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DR. KAUSER EDAPPAGATH

JUDGE

Tr.P.(C).No.49/2024

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APPENDIX OF TR.P(C) 49/2024

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PETITIONER ANNEXURES

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Annexure A A TRUE COPY OF THE PETITION IN O.P(G&W) 2080 OF 2023 OF THE FAMILY COURT THIRUVANANTHAPURAM

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Annexure A1 THE TRUE COPY OF THE ORDER IN I.A.NO.1 OF 2023 IN O.P(G&W) 2080 OF 2023 OF THE FAMILY COURT THIRUVANANTHAPURAM DATED 09.10.2023

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Annexure B A TRUE COPY OF THE PETITION FOR DIVORCE AS O.P. NO. 2092 OF 2023 FILED BY THE PETITIONER WIFE BEFORE THE FAMILY COURT THIRUVANANTHAPURAM

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Annexure C A TRUE COPY OF THE PETITION FOR RECOVERY OF MONEY AND MAINTENANCE AS O.P. NO. 2412 OF 2023 FILED BY THE PETITIONER HEREIN BEFORE THE FAMILY COURT THIRUVANANTHAPURAM

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Annexure D A TRUE COPY OF THE NOTICE OF THE ORIGINAL PETITION 575 OF 2023 IN THE FAMILY COURT OF THIRUVALLA

Divya James v. Sherin Varghese

Case brief

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Divya James v. Sherin Varghese

Case brief

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