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2023 Supreme(Online)(KER) 5705

HIGH COURT OF KERALA
C.S. DIAS, J
RADHIKA T. G. – Appellant
Versus
RAJESH D. – Respondent


Advocates:
AKHIL ALPHONSE G.

O R D E R

The transfer petition is filed under Section 24 of the Code of Civil Procedure , 1908 (in short, 'C.P.C.'), seeking to transfer O.P.No.1001/2022 (Annexure-A2) from the Family Court, Ettumanoor, to the Family Court, Muvattupuzha.

2. The petitioner’s case, in brief, in the memorandum of transfer petition, is that, she is the wife of the respondent. They have two children born in the wedlock. The petitioner has filed O.P.No.886/2022 (Annexure-A3) and M.C.No.139/2022 (Annexure-A4) before the Family Court, Muvattupuzha, against the respondent, seeking a decree for return of money and gold ornaments and an order of maintenance for herself and the children, respectively. The respondent is contesting Annexures-A3 and A4 before the Family Court, Muvattupuzha. Therefore, no inconvenience would be caused to the respondent in Annexure-A2 being transferred. Hence, the transfer petition.

3. Heard; Sri. Akhil Alphonse G., the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.

4. It is well settled in a catena of decisions by the Hon’ble Supreme Court inSumitha Sing V. Kumar Sanjay and another [(2001)10 SCC 41

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