The High Court of Kerala dismissed a transfer appeal against an order refusing to transfer a divorce case from Family Court, Tirur to Thrissur. The court upheld the Single Judge's discretion, noting the husband and minor children resided in Tirur while the wife lived in Thrissur.
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 THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937
Tr.Appeal(C).No. 5 of 2014 () IN Tr.P(C).442/2013
AGAINST THE ORDER/JUDGMENT IN Tr.P(C) 442/2013 of HIGH COURT OF KERALA DATED 30-05-2014
APPELLANT(S)/PETITIONER:
K.P.ANITHA AGED 38 YEARS
D/O.GOPALAN NAIR, PERULIYIL HOUSE, P.O ARIMBUR THRISSUR DISTRICT - 680 620.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S)/RESPONDENTS:
1. MANIKANDAN, AGED 47 YEARS, S/O.CHERIYATH KIZHAKETHIL DEVAKIAMMA ALANKODE AMSOM DESOM, PONNANI TALUK MALAPPURAM DISTRICT - 679 585.
2. SIVASANKARAN
S/O.RAGHAVAN NAIR, PARAPPUR HOUSE, MOOKUTHALA P.O
MALA, THRISUR DISTRICT - 679 574.
R2 BY ADV. SRI.N.L.BITTO
THIS TRANSFER APPEAL(CIVIL) HAVING BEEN FINALLY HEARD ON 08-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
THOTTATHIL B.RADHAKRISHNAN & SUNIL THOMAS, JJ.
.................................................................... Tr. Appeal No.5 of 2014
.................................................................... Dated this the 8th day of July, 2015.
J U D G M E N T
Thottathil B.Radhakrishnan, J.
TAC 5/14
-2-
does not, in any manner, weigh with this Court. But, the fact that the husband is an autorickshaw driver and that he is taking care of the two minor daughters in Tirur weighed with the learned single Judge to refuse transfer of the case from Family Court, Tirur to Family Court, Thrissur, at the instance of the wife. The learned single Judge has also clarified that it will be open to the wife to seek exemption from personal appearance in the Family Court, Tirur, as may be directed by that court. Under such circumstances, we do not find any ground to interfere with the discretion exercised by the learned single Judge under Section 24 of the Code of Civil Procedure through this intra-court appeal under Section 5 of the Kerala High Court Act, 1958. This appeal, therefore, fails.
In the result, this appeal is dismissed.
(THOTTATHIL B.RADHAKRISHNAN, JUDGE)
(SUNIL THOMAS, JUDGE)
jg
2 issues framed by the court
Whether the Single Judge erred in refusing to transfer the divorce case from Family Court, Tirur, to Family Court, Thrissur in view of the appellant's residence and the husband's dependency on his wif
Whether the appellant has any ground to interfere with the Single Judge's discretion in transferring the case.
2 provisions across 2 enactments
K.P.Anitha
Manikandan
Sivasankaran
Thottathil B.Radhakrishnan
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
