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2012 Supreme(Ker) 465

V.CHITAMBARESH
Preeti Yohannan – Appellant
Versus
Abraham K. Mathen – Respondent


Advocates Appeared:
For the Petitioner:Philip T. Varghese, Thomas T. Varghese, Achu Shubha Abraham, Advocates.
For the Respondent: -------

Judgment:

1. The Registry has noted a defect and has objected to the numbering of the Transfer Petition (Civil) filed under Section 24 of the Code of Civil Procedure, 1908. The objection is that separate petitions need to be filed to transfer independent proceedings pending in the court below. The petitioner seeks transfer of the following proceedings from the Family Court, Nedumangad to the Family Court, Thiruvananthapuram.

(i) O.P. No. 630/2012 filed for dissolution of marriage.

(ii) O.P. No. 488/2012 filed for declaration of guardianship.

(iii) O.P. No. 527/2012 filed for recovery of money and articles.

(iv) O.P. No. 636/2012 filed for custody of minor child.

2. The High Court Rules, 1971 (Kerala) of course do not specify as to whether separate petitions should be filed for transfer of independent proceedings. But we get the necessary cue from the Civil Rules of Practice (Kerala) though they are intended to regulate the procedure in the Subordinate Civil Court in the State. The relevant rule therein is as follows:

"57. Application for transfer:

(1) ………………….

(2) ………………….

(3) A separate application shall be presented in respect of each suit, appeal or other proceedings of whic




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