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2003 Supreme(Ker) 701

K.K.DENESAN
Thomas – Appellant
Versus
Sunnichan – Respondent


Judgment :-

K.K. Denesan, J.

This Transfer Petition is filed to transfer O.P. (Divorce) No. 73 of 2003 pending before the Family Court, Kottayam at Ettumanoor to the Family Court, Pathanamthitta at Thiruvalla to be tried along with O.P. No. 944 of 2003.

2. O.P. (Divorce) No.73 of 2003 was filed before the Family Court, Kottayam by the 1st respondent herein who is the husband of the petitioner's daughter Shiji @ Shija aged 31 years. The 2nd respondent herein is the father of the 1st respondent. It is for a declaration that his marriage with the petitioner's daughter is a nullity on the ground that the above named Shiji @ Shija is an idiot.

3. O.P. No. 944 of 2003 was filed by the petitioner herein and his daughter Shiji @ Shija before the Family Court, Pathanamthitta at Thiruvalla praying for return of patrimony and compensation from the respondents. The Family Court, Thiruvalla, has passed an order of attachment before judgment against the respondents. The respondents have taken a preliminary objection before that Court contending that it has no jurisdiction to entertain the O.P. filed by the petitioner and his daughter.

4. According to the petitioner, the following facts are relevant













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