Veronica @ Latha Vs.
V.Philip James  INSC 842 (28 April 2009)
NON REPORTABLE IN THE
SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO.
531 OF 2008 Veronica @ Latha ...Petitioner(s) VERSUS V. Philip James .
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.
is an application for transfer of the Divorce Veronica @Latha) from the Family
Court at Allappuzha, Kerala to the Family Court at Bangalore.
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.
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.
application for transfer is thus disposed of.
There will be no
order as to costs.