Allowed

Bhavya v. Raamchandran

Kerala HC17 Nov 2016Tr.P(C)/128/2016

Case brief

AI extract

What is this about?

This court allowed a transfer petition seeking to move a restitution of conjugal rights case from Family Court, Ottappalam to Family Court, Thrissur. The transfer was granted to accommodate the petitioner, who resides in Thrissur, and to facilitate joint hearing of related matrimonial disputes.

What did the court decide?

O.P. 80 of 2016 pending before Family Court, Ottappalam is withdrawn and transferred to Family Court, Thrissur for disposal along with O.P. 280 of 2016.

Bhavya Vs Raamchandran — Matrimonial and Divorce | Kerala HC (2016)

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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 K.RAMAKRISHNAN

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THURSDAY, THE 17TH DAY OF NOVEMBER 2016/26TH KARTHIKA, 1938

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Tr.P(C).No. 128 of 2016 ()

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--------------------------(TO TRANSFER OP.NO. 80/2016 OF FAMILY COURT, OTTAPPALAM TO THE FAMILY COURT, THRISSRUR)

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PETITIONER :

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BHAVYA, AGED 19 YEARS, D/O. SURESH BABU, MANAKALATH HOUSE, P.O.PERAMANGALAM, THRISSUR DISTRICT-680 545.

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BY ADVS.SRI.E.VIJIN KARTHIK SRI.P.V.JEEVESH

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RESPONDENT :

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RAMACHANDRAN, AGED 29 YEARS, S/O. GOPALAKRISHNAN, KOOMULAMKATTIL HOUSE, PATHAMKULAM P.O., OTTAPALAM, PALAKKAD DISTRICT-679 527.

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BY ADV. SRI.R.SREEHARI

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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TR.P(C).NO.128/2016

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEX 1	COPY OF THE PETITION DATED 16/02/2016 UNDER SECTION 13(1) (I-A) OF THE HINDU MARRIAGE ACT FOR DIVORCE NUMBERED AS OP.NO.280 OF 2016 OF THE FAMILY COURT, THRISSUR.
ANNEX II	COPY OF THE PETITION UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, FOR RESTITUTION OF CONJUGAL RIGHTS NUMBERED AS OP.NO.80 OF 016 OF THE FAMILY COURT, OTTAPALAM.
ANNEX III	COPY OF THE NOTICE ISSUED BY THE FAMILY COURT, OTTAPALAM AS OP.NO.80 OF 2016.

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RESPONDENT'S ANNEXURES: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

K.RAMAKRISHNAN, J.

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Transfer Petition (Civil)No.128of 2016

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=======================

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Dated this the 17^th day of November, 2016

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ORDER

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This is an application filed by the petitioner seeking transfer of O.P.No.80 of 2016 pending before Family Court, Ottappalam to Family Court Thrissur under Section 24 of the Code of Civil Procedure.

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It is alleged in the petition that marriage between the petitioner and respondent was solemnized on 12.01.2015 and after sometime, their relationship strained and now they are residing separately. petitioner is now residing with her parents. The petitioner filed O.P.280 of 2016 before Family Court Thrissur for dissolution of marriage and respondent filed O.P.80 of 2016 before Family Court Ottappalam for restitution of conjugal rights. Petitioner is without any employment and she is aged only 19 years. She is finding it difficult to go to Ottappalam to conduct the case. Further respondent is appearing in Family Court Thrissur in the case filed by her. So the petitioner prays transfer of case

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O.P.80 of 2016 pending before Family Court, Ottappalam to Family Court Thrissur. Hence this petition.

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T.P.(C).No.128 of 2016 2

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Heard Shri. Vijin Karthik, learned counsel appearing for the petitioner and Shri. Sreehari, learned counsel appearing for the respondent. Both argued vehemently in support of their cases.

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The marriage between the petitioner and respondent was solemnized on 12.01.2015 and resided together for sometime and thereafter they are residing separately is not in dispute. The petitioner is now residing with her parents in Thrissur District. She filed O.P.280 fo 2016 before Family Court Thrissur for dissolution of marriage in which the respondent appeared and is contesting the cases. The respondent filed O.P.280 of 2016 before Family court Ottappalm for restitution of conjugal rights. The petitioner is without any employment and she is depending on her parents for her livelihood. Since the respondent is appearing by the case filed by the petitioner pending before Family Court Thrissur, no hardship will be caused to him, if this case is also transferred to Family Court Thrissur, so that he can conduct both the cases from one court.

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But on the other hand, it will be difficult for the petitioner to go to Ottappalam to conduct the case. So this Court feels that it is necessary in the interest of justice to transfer O.P.80 of 2016 pending before Family court Ottappalm to Family Court

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T.P.(C).No.128 of 2016 3

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Thrissur for disposal along with O.P.280 of 2016 pending before that court.

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So the petition is allowed and O.P.80 of 2016 pending before Family court Ottappalm is withdrawn and transferred to Family Court Thrissur for disposal. Family Court Ottappalm is directed to transmit the records to Family court Thrissur immediately.

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Registry is directed to communicate this order to concerned court immediately.

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K.RAMAKRISHNAN, JUDGE

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SKV

Bhavya v. Raamchandran

Case brief

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Bhavya v. Raamchandran

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