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Case Law Details

Case Name : Silpa Shaji Vs Satheesh K.S. (Kerala High Court)
Appeal Number : TR.P(C) No. 580 of 2021
Date of Judgement/Order : 01/02/2022
Related Assessment Year :
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Silpa Shaji Vs Satheesh K.S. (Kerala High Court)

it is an admitted fact that the petitioner has no job or income and she alleged to be residing at the house of her cousin sister for the time being. The same would go to show that the petitioner wants to transfer four cases pending before the Family Court, Pathanamthitta, inclusive of cases filed by her showing her permanent address at Pathanamthitta, after a period of three years merely on the ground that she is temporarily staying at his cousin’s house. I do not think mere temporary stay for some reasons cannot be the foundation for transferring matters pending before the competent jurisdiction filed by the petitioner, who is a permanent resident within the jurisdiction of the said court.

Thus, it appears that the transfer plea mooted by the petitioner merely on the ground that she is staying at the house of her cousin, for the time being, cannot be justified. Therefore, the transfer petition fails and is accordingly dismissed.

Matter pending before Competent Jurisdiction cannot be transferred for mere Temporary Shift In Residence

FULL TEXT OF THE JUDGMENT/ORDER of KERALA HIGH COURT

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