This Transfer Petition (Civil) concerns the relocation of a matrimonial case file from the Family Court, Alappuzha to the Family Court, Thiruvalla, to accommodate the wife's residence near her school-going minor children.
Order that O.P.(HMA).327/08 pending before the Family Court, Alappuzha shall stand transferred to the Family Court, Thiruvalla forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN
FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930
Tr.P(C).No.193 of 2008
--------------------------OP(HMA).327/2008 of FAMILY COURT, ALAPPUZHA ....................
PETITIONER/RESPONDENT:-
---------------------------------
SUDHA RAGHAVAN, AGED 40 YEARS, W/O S.VIJAYAN, ARPANA BHAVAN, CHERTHALA KIZHAKKUM BHAGAM, VARANAD P.O., CHERTHALA, PRESENTLY RESIDING AT AMBALLOOR HOUSE, KARACKAL P.O., THIRUVALLA, PATHANAMTITTA DISTRICT.
BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.A.S.SAJUSH PAUL
RESPONDENT/PETITIONER:
---------------------------------
S.VIJAYAN, AGED 48 YEARS, S/O SREEDHARAN PRESENTLY RESIDING AT ARPANA BHAVAN, CHERTHALA KIZHAKKUM BHAGAM, KOKKOTHAMANGLAM P.O., CHERTHALA.
ADV. SRI.P.MANOJ (KALAVELI) FOR R1 SRI.SHAIJU ANTONY FOR R1
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.P.BALACHANDRAN, J.
Tr. P. C No.193 of 2008
Dated this the 12th day of December, 2008
ORDER
Petitioner is the wife of the respondent.
O.P.(HMA)327/08 on the file of the Family
Court, Alappuzha is filed by the respondent against the petitioner. Petitioner prays for a
transfer of the said case from the Family Court, Alappuzha to the Family Court,
Thiruvalla.
petitioner that the petitioner has got two daughters aged respectively eleven years and seven years born in the said wedlock; that the petitioner is now residing with her children in a rented house at Mepra near Thiruvalla which is close to her Tharvad house; that the
respondent husband is not looking after the affairs of herself and her children and that
Tr. P. C No.193 of 2008
-2-
it is difficult for her to leave Thiruvalla
and to proceed to attend the Family Court at Alappuzha leaving her school going children alone.
that the respondent is having his residence at Cherthala and Family Court at Alappuzha will be equidistant for both parties and therefore a transfer may not be ordered.
born to the respondent are school going minor children residing with the petitioner in a rented house at Thiruvalla. In the circumstances, it is only proper that to suit the convenience of the petitioner, the case is transferred to the Family Court, Thiruvalla.
petition, I order that O.P.(HMA).327/08
pending on the file of the Family Court,
Tr. P. C No.193 of 2008 -3-
Alappuzha shall stand transferred to the Family Court, Thiruvalla forthwith.
K.P.BALACHANDRAN, JUDGE
kns/-
1 issue framed by the court
Whether the matrimonial claim filed by the respondent is to be transferred to a Family Court nearer to the residence of the wife and children.
SUDHA RAGHAVAN
S.VIJAYAN
K.P.BALACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
