Transfer Petition allowed transferring Original Petition No.108/2013 pending before Family Court, Vadakara to Family Court, Nedumangad. Court held wife's convenience and lack of male accomplice for travel justifies transfer based on Apex Court precedents.
Original Petition No.108/2013 before Family Court, Vadakara transferred to Family Court, Nedumangad.
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 K.HARILAL
MONDAY, THE 20TH DAY OF JUNE 2016/30TH JYAISHTA, 1938
Tr.P(C).No. 124 of 2013
TO TRANSFER O.P.NO. 108/2013 OF THE FAMILY COURT, VADAKARA TO FAMILY COURT, NEDUMANGAD
PETITIONER(S)/RESPONDENT :
LAKSHMIPRIYA T.P.,
D/O.THANKAMANI, KRISHNA LEELA, SREE SARADADEVIPURAM, ASRAMAM ROAD, NETTAYAM-673 612, THIRUVANANTHAPURAM.
BY ADVS. SRI.ASP.KURUP
SRI.SADCHITH.P.KURUP
RESPONDENT(S)/PETITIONER :
RAJEESH L.K, S/O. RAJAN NAIR, KUTTIAT MEETHAL VEEDU, ERAMANGALAM POST, BALUSSERY, KOYILANDI TALUK, KOZHIKODE-673 612.
BY ADV. SRI.G.SUDHEER
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd. ,
Tr.P(C).No. 124 of 2013
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1: TRUE COPY OF O.P.NO. 198/2013 PENDING BEFORE FAMILY COURT, NEDUMANGAD. ANNEXURE A2: TRUE COPY OF O.P.NO. 197/2013 PENDING BEFORE FAMILY COURT, NEDUMANGAD. ANNEXURE A3: TRUE COPY OF O.P.NO. 108/2013 PENDING BEFORE FAMILY COURT, VADAKARA.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.A.TO JUDGE
Msd.
K. HARILAL, J.
= = = = = = = = = = = = = = = = = Tr.P.(C) No.124 of 2013
- - - - - - -- - - - - - - - - - - - - - Dated this the 20th day of June, 2016
O R D E R
The petitioner is the wife of the respondent
herein. Their marital relationship has become strained and now they are living separately and proceeding with the cases before the Family Courts. They are blessed with a daughter, who is at present having only 2½ years of age. The petitioner and the minor child jointly filed Original Petition No.198 of 2013, before the Family Court, Nedumangad, seeking return of gold ornaments and other articles. Thereafter, the petitioner filed Original Petition No.197 of 2013, before the same court, seeking dissolution of marriage. Thus, two cases are pending before the Family Court, Nedumangad.
Tr.P.(C) No.124 of 2013
-: 2 :-
petitioner further submits that she finds it very
difficult to travel such a long distance to reach Vadakara from Thiruvananthapuram to contest Original Petition No.108 of 2013, pending before the Family Court, Vadakara. She is unable to travel such a long distance, without being accompanied by a male member of her family and there is nobody in her family to accompany her. Hence, she prayed for an order, transferring Original Petition No.108 of 2013 from the Family Court, Vadakara to the Family Court, Nedumangad.
petitioner.
Tr.P.(C) No.124 of 2013
-: 3 :-
SCC 609) the Apex Court again held that wife's lack of companionship for travelling to Family Court is sufficient reason to transfer the case at the convenience of the wife.
This Transfer Petition (Civil) is allowed accordingly.
Sd/- K. HARILAL,
DST
//True copy//
P.A. To Judge
3 issues framed by the court
Whether Original Petition No.108 of 2013 should be transferred from Family Court, Vadakara to Family Court, Nedumangad due to the petitioner's inability to travel long distances.
Whether the convenience of the wife in travelling to contest matrimonial proceedings is a sufficient ground to transfer the case.
Whether the petitioner's lack of a male family member to accompany her to court warrants a transfer of jurisdiction.
Colour shows how this judgement treated each authority
Mangala Patil Kale v. Sanjeev Kumar KaleFollowed¶39
[2003] 10 SCC 280 · Who else cites this
Amita Shah v. Virenderlal ShahFollowed¶39
[2003] 10 SCC 609 · Who else cites this
LAKSHMIPRIYA T.P.
RAJEESH L.K
K. HARILAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
