Allowed

Anupama M.Raveendran v. Ajayakumar and Others

Kerala HC4 Feb 2008Tr.P(C)/35/2008

Case brief

AI extract

What is this about?

The High Court permitted a Transfer Petition to shift a divorce case from the Family Court, Thiruvalla, to the Family Court, Kottayam. This was done to ensure joint trial with other pending matrimonial proceedings already before the Gaya Court.

What did the court decide?

Transferred OP 675/07 from Family Court, Thiruvalla, to Family Court, Kottayam, to be tried along with OP 891/07.

Anupama M.Raveendran Vs Ajayakumar and Others — Matrimonial and Divorce | 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

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MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929

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Tr.P(C).No. 35 of 2008() -----------------------OPHMA.675/2007 of FAMILY COURT, THIRUVALLA ....................

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PETITIONER :

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ANUPAMA M.RAVEENDRAN, AGED 31 YEARS, D/O.RAVEENDRAN, MATTATHIL HOUSE, MOOLAMATTOM KARA, NATTAKAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT.

BY ADV. SRI.T.MADHU

RESPONDENTS:

AJAYAKUMAR, AGED 35 YEARS, S/O.BASKARAN, NEDUMPARAMBIL, PEROOR HOUSE, PALIYEKKARA P.O., THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.

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BHASKARAN, NEDUMPARAMBIL, PEROOR HOUSE, PALIYEKKARA P.O., THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.

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JAGADAMMA, W/O.BHASKARAN, NEDUMPARAMBIL, PEROOR HOUSE, PALIYEKKARA P.O., THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER ON IA 311/08 IN Tr.P.C 35/08

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DISMISSED

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4.2.08 SD/- M.N.KRISHNAN, JUDGE

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/TRUE COPY/ PA TO JUDGE.

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M.N.KRISHNAN, J.

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-------------------------Tr.P.C. NO. 35 OF 2008

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Dated this the 4^th day of February, 2008

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ORDER

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This transfer petition is filed with a direction to withdraw OPHMA 675/07 from the Family Court, Thiruvalla and transfer the same to the Family Court, Kottayam to try along with OP 891/07.

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A perusal of the transfer petition would revel that earlier the wife had filed a petition for restitution of conjugal rights as well as one for maintenance. The petition for restitution of conjugal rights has been decreed. Since the husband does not resume cohabitation, she has to file another OP for return of money, gold ornaments etc. In the meanwhile the husband had filed OP 675/07 for divorce. It is submitted that the wife is helpless and she is unable to travel to Thiruvalla alone and therefore requested for transfer of the petition for divorce to the Family Court, Kottayam.

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Since all the earlier proceedings are pending before the Family Court, Kottayam, it is only just that this case is also transferred. Therefore OP 675/07 on the file of the Family Court, Thiruvalla is transferred to the Family Court, Kottayam to be tried along with OP 891/07 pending before that court. The Family Court, Thiruvalla, is directed to inform the petitioner in the divorce petition about the factum of transfer.

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M.N.KRISHNAN, JUDGE

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vps

Anupama M.Raveendran v. Ajayakumar and Others

Case brief

What is this about?

What did the court decide?

Anupama M.Raveendran v. Ajayakumar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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