Allowed

Rintu P.Nair & Another v. Ramesh.S.Nair & 2 Others

Kerala HC3 Apr 2008Tr.P(C)/9/2008

Case brief

AI extract

What is this about?

This transfer petition was heard by the Kerala High Court to transfer a pending family dispute case from Family Court, Ettumannoor to Family Court, Alappuzha. The court found the petitioner faced greater hardship than the employed husband due to physical disability and ill health. The petition was allowed, transferring the case for joint trial.

What did the court decide?

O.P. No. 812 of 2007 pending before Family Court, Ettumannoor is transferred to Family Court, Alappuzha for trial along with O.P. No. 1105 of 2007.

Rintu P.Nair & Another Vs Ramesh.S.Nair & 2… — Civil Procedure and Limitation | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930

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Tr.P(C).No. 9 of 2008()

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-------------------------------OP.812/2007 of FAMILY COURT, KOTTAYAM

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PETITIONERS

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---------------------

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1. RINTU P.NAIR, AGED 22 YEARS, D/O.PRABHAKARAN NAIR, `ATHIRA' NORTH ARYAD, ALAPPUZHA.

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2. PRABHAKARAN NAIR, AGED 50 YEARS, `ATHIRA' NORTH ARYAD, ALAPPUZHA.

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BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.B.PRAMOD

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RESPONDENTS:

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-----------------------

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1. RAMESH.S.NAIR, AGED 30 YEARS, S/O.SIVARAMAN NAIR, PUTHENPARAMBIL, ETTUMANOOR VILLAGE, KOTTAYAM.

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2. NIRMALAKUMARI, W/O.SIVARAMAN NAIR, PUTHENPARAMBIL, ETTUMANOOR VILLAGE, KOTTAYAM.

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3. SIVARAMAN NAIR, PUTHENPARAMBIL, ETTUMANOOR VILLAGE, KOTTAYAM.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.N.KRISHNAN, J

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=====================

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Tr.P.(C) No.9 OF 2008 =====================

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Dated this the 3rd day of April 2008

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JUDGMENT

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This transfer petition is filed to transfer O.P.No.812 of 2007 pending before the Family Court, Kottayam at Ettumannoor to the Family Court, Alappuzha where O.P.No.1105 of 2007 is pending. The husband has moved an application for declaration of the marriage as null and void as O.P.No.812 of 2007 and the wife has filed an application for divorce and return of money as O.P.No.1105 of 2007 before the Family Court, Alappuzha.

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Respondent is served. He has not entered appearance. The grounds alleged are that the transfer petitioner is a physically handicapped person and her father is a cardiac patient and the brother is only a student and therefore she finds it difficult to proceed to the Family Court at Ettumannoor. On the other hand, the husband is employed in I.S.R.O at Trivandrum. The comparative hardship is more than that of the husband. Therefore I transfer O.P.No.812 of 2007 pending before the Family Court at Ettumannoor to the Family Court at Alappuzha to be tried along with

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Tr.P.(C) 9/2008 -:2:O.P.No.1105/2007.

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Tr.P.(C) is disposed of as above.

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M.N.KRISHNAN, JUDGE

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Cdp/-

Rintu P.Nair & Another v. Ramesh.S.Nair & 2 Others

Case brief

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Rintu P.Nair & Another v. Ramesh.S.Nair & 2 Others

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