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2022 Supreme(Online)(KER) 19943

HIGH COURT OF KERALA
C.S. DIAS, J
ELISABATH JOHN – Appellant
Versus
ELDHO GEORGE – Respondent


Advocates:
JOHN JOSEPH(ROY), JOHNSON THOMAS, B.MOHANLAL

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.351/2021 (Annexure-B), from the Family Court, Kalpetta, to the Family Court, Ernakulam or Muvattupuzha.

2. The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. The respondent has filed Annexure-B against the petitioner, for a decree of divorce. All the allegations in Annexure-B are false and fabricated. The respondent has deliberately filed Annexure-B before the Family Court, Kalpetta, to harass the petitioner. It is impossible for the petitioner to contest Annexure-B in Kalpetta, which is more than 300 Kms. from her residence. The petitioner’s mother is a widow and is physically weak. There is no person to chaperone the petitioner from Muvattupuzha to Kalpetta, to contest Annexure-B. Hence, the transfer petition.

3. The respondent has filed a counter affidavit, denying the allegations in the transfer petition. The respondent has contended that he filed Annexure-B before the Family Court, Kalpetta because the said court is the court of competent territorial jurisdiction. There is

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