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2022 Supreme(Online)(KER) 35219

HIGH COURT OF KERALA
C.S. DIAS, J
MALINI C.V.
– Appellant
Versus

ABHILASH KUVAKKAT – Respondent


Advocates:
V.V.NANDAGOPAL NAMBIAR, SMITHA (EZHUPUNNA), CHITRA JOHNSON

ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure , seeking to transfer O.P No.1027/2021 (Annexure-1) from the Family Court, Thirur to the Family Court, Irinjalakuda.

2. The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. The respondent had earlier filed O.P. 1026/2022 before the Family Court, Thirur. This Court by Annexure-3 had ordered the transfer of the said original petition to the Family Court, Irinjalakuda. The respondent has also filed Annexure-1 seeking a decree for compensation. The petitioner has filed M.C 26/2022 and O.P.41/2022 before the Family Court, Irinjalakuda. Therefore, in the light of Annexure-3 and the fact that the above cases are pending before the Family Court, Irinjalakuda, Annexure-1 may also be transferred . Hence the transfer petition.

3. Heard; Sri.V.V.Nandagopal Nambiar, the learned counsel appearing for the petitioner. Even though notice is served on the respondent, there is no appearance for him.

4. The law with respect to transfer of proceedings, particularly matrimonial disputes, is no longer res-integra, in view of the categoric declaration of law by the

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