Veronica @ Latha vs V.Philip James

Veronica @ Latha ...Petitioner(s)

VERSUS

V. Philip James . .Respondent(s)

JUDGMENT

TARUN CHATTERJEE,J.

1. Although the husband has entered appearance

through his counsel in this petition for transfer

but on behalf of the respondent, no counter

affidavit has been filed.

2. This is an application for transfer of the Divorce

Petition No. 793 of 2007 (V. Philip James Vs.

Veronica @Latha) from the Family Court at

Allappuzha, Kerala to the Family Court at

Bangalore.

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3. Having heard the learned counsel for the parties

and after going through the transfer petition and

considering the admitted fact that both the

parties to this petition for transfer are not

residing at the place of trial i.e. at Allappuzha

and both of them are now stated to be gainfully

employed at Bangalore and Chennai respectively

and we are informed by the learned counsel for

the husband that at present, the husband is now

staying in United Arab Emirates (UAE) and

further considering the fact that during the

subsistence of marriage between the parties, they

last resided together at Bangalore, we are of the

view that the Divorce Petition being No. 793 of

2007 be transferred from the Family Court at

Allappuzha to the Family Court at Bangalore.

4. Accordingly, we dispose of this application by

passing the aforesaid order of transfer and direct

the Family Court at Allappuzha to transmit the

records of this case to the Family Court at 3

Bangalore within a period of two months from the

date of supply of a copy of this order to it

positively. The Family Court at Bangalore

thereafter shall decide the petition within one

year from the date of receiving the records of the

present case.

5. The application for transfer is thus disposed of.

There will be no order as to costs.

...........................

...J. [TARUN CHATTERJEE]

NEW DELHI; ..............................J. APRIL 28, 2009. [H. L. DATTU]