Disposed

Mrs.Ambily v. Mr.P.R.Prasad

Kerala HC12 Dec 2012Tr.P(C)/469/2011

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a transfer petition filed to shift an application for restitution of conjugal rights from the Family Court, Kottayam, to the Family Court, Ernakulam. The transfer was ordered considering the wife's residence and the interconnected nature of her maintenance case in Ernakulam.

What did the court decide?

Transferred O.P. No.1454/2011 from the Family Court, Kottayam to the Family Court, Ernakulam.

Mrs.Ambily Vs Mr.P.R.Prasad — Matrimonial and Divorce | Kerala HC (2012)

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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 V.CHITAMBARESH

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WEDNESDAY, THE 12TH DAY OF DECEMBER 2012/21ST AGRAHAYANA 1934

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Tr.P(C).No. 469 of 2011 ( )

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OP.1454/2011 of FAMILY COURT, KOTTAYAM.

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PETITIONER(S)/PETITIONER/RESPONDENT:

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MRS.AMBILY, W/O.P.R.PRASAD, AGED 31 YEARS, KALIYATHU HOUSE, SOUTH PARAVOOR P.O. UDAYAMPEROOR (VIA), ERNAKULAM DISTRICT PIN - 682030.

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BY ADVS.SRI.TOMY XAVIER PARAPPURAM

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SMT.BEENA JOHN

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RESPONDENT(S)/PETITIONER:

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MR.P.R.PRASAD, S/O.P.K.RAGHAVAN, AGED 38 YEARS, PALAKKAD EDATHOTTIYIL ARAYKKUNNAM P.O., KOTTAYAM DISTRICT - 686 005.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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APPENDIX IN Tr.P.(C) NO.469/2011

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ANNEXURE 1 TRUE COPY OF O.P.NO.1454/11 PENDING BEFORE THE FAMILY COURT, ETTUMANOOR. ANNEXURE 2 TRUE COPY OF M.C.NO.366/11 PENDING BEFORE THE FAMILY COURT, ERNAKULAM.

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//TRUE COPY//

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P.S. TO JUDGE.

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V.CHITAMBARESH, J.

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Tr.P. (C) No. 469 of 2011

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Dated this the 12^th day of December, 2012

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O R D E R

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O.P.No.1454/2011 on the file of the Family Court, Kottayam has been filed by the husband for restitution of conjugal rights. M.C.No.366/2011 on the file of the Family Court, Ernakulam has been filed by the wife seeking maintenance for herself and the child. The husband is engaged in the business of Car Batteries at Perumbavoor and the wife is employed as a Sales girl at Tripunithura. The wife resides with her aged parents in South Paravur in Ernakulam.

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It will be a virtual impossibility for the wife to travel all the way from South Paravur to Kottayam for the conduct of the case. It may only be a slight inconvenience for the husband to travel from Kottayam to Ernakulam for this purpose. Even otherwise the husband has to be come to Perumbavoor at Ernakulam in connection with his business. Both the marital disputes have to be tried by the one and the same Family Court since the issues are inter-twined.

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I therefore order transfer of O.P.No.1454/2011

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Tr.P.(C) No.469/2011

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from the Family Court, Kottayam to the Family Court, Ernakulam. The Family Court, Ernakulam shall issue notice to the parties.

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The Transfer Petition is disposed of. No costs.

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V.CHITAMBARESH, Judge.

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nj.

Mrs.Ambily v. Mr.P.R.Prasad

Case brief

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Mrs.Ambily v. Mr.P.R.Prasad

Case brief

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