This court allowed a transfer petition (Tr.P.C.No.81/2008) filed by a wife seeking to shift a pending divorce case from Family Court, Palakkad, to Family Court, Kozhikode, due to pendency of related cases and the petitioner's residence.
O.P.No.74/2008 withdrawn from Family Court, Palakkad and transferred to Family Court, Kozhikode for disposal.
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 M.SASIDHARAN NAMBIAR
THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930
Tr.P(C).No. 81 of 2008()
PETITIONER
DHANALAKSHMI D/O. BALAN, AGED 39 YEARS, PATHIRIKKADU VEEDU NALLOOR AMSOM, AROKE DESOM, KARUVANTHURUTHY POST KOZHIKODE 673 643
BY ADV. SRI.R.SUDHISH
RESPONDENTS:
SREEDHARAN T.K.
AGED 51 YEARS,S/O. T.K.KUNHUNNI ACHARI SANTHI SADAN, RAM NAGAR, VADAKKANTHARA P.O.,PALAKKAD
BY
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
I.A.NO.997/2008 IN Tr.P.C.No.81/2008
DISMISSED
12/06/2008 SD/=
(M.SASIDHARAN NAMBIAR, JUDGE.)
//TRUE COPY//
P.A. to Judge.
M.SASIDHARAN NAMBIAR, J.
Tr.P.(C) No.81 of 2008
Dated this the 12th June, 2008.
O R D E R
Petitioner is the wife and respondent is the husband. Their marriage was solemnized on 16.1.2005. Their relationship got strained subsequently. In the wedlock, a daughter was born to the petitioner, now aged about 1 ½ years.
ornaments and money and O.P.No.153/08 claiming arrears of maintenance and M.C.No.111/07 claiming maintenance before Family Court, Kozhikode. They are pending. Mean while, respondent filed O.P.No.74/2008 for dissolution of marriage. Wife filed this petition to transfer the case pending before the Family Court, Palakkad to the Family Court, Kozhikode.
Though notice was served on the respondent, he did not appear or object to the transfer. Considering the fact that three petitions are pending before Family Court, Kozhikode, and petitioner is residing at Kozhikode, transfer petition is allowed. O.P.No.74/2008 is
Tr.P(C) No.81/2008
2
withdrawn from Family Court, Palakkad, and transferred to Family
Court, Kozhikode, for disposal, in accordance with law.
M.SASIDHARAN NAMBIAR, JUDGE
nj.
2 issues framed by the court
Whether the Family Court case filed for divorce by the husband should be transferred from Palakkad to Kozhikode where other related cases and the wife reside?
Whether the transfer petition for the case O.P.No.74/2008 is maintainable?
DHANALAKSHMI D/O. BALAN
SREEDHARAN T.K.
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
