Allowed

Susan Sarish Sunny v. Dr.Sarish Mammen Sunny

Kerala HC8 Dec 2016Tr.P(C)/148/2016

Case brief

AI extract

What is this about?

The High Court considered a transfer petition to shift a Family Court case concerning custody and injunction from Thiruvalla to Ernakulam. The Court allowed the transfer due to hardship and convenience for settlement, directing record transmission.

What did the court decide?

Transfer of O.P.(G&W)No.64/2016 from Family Court, Thiruvalla to Family Court, Ernakulam; records to be transmitted immediately.

Susan Sarish Sunny Vs Dr.Sarish Mammen Sunny — Kerala HC (2016) — LawSathi Research

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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 8TH DAY OF DECEMBER 2016/17TH AGRAHAYANA, 1938

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Tr.P(C).No. 148 of 2016

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OP(G&W) 64/2016 OF FAMILY COURT, THIRUVALLA

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PETITIONER(S):

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SUSAN SARISH SUNNY, AGED 37 YEARS, W/O.DR.SARISH MAMMEN SUNNY, 8H, TOWER 2, DD NEST, KATHRIKADAVU ROAD, KALOOR P.O., ERNAKULAM.

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BY ADV. SMT.MEREENA JOSEPH

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RESPONDENT(S):

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DR.SARISH MAMMEN SUNNY, AGED 37 YEARS, THUNDYIL KARIKKAMPALLIL HOUSE, NIRANAM P.O., THIRUVALLA NOW RESIDING AT APARTMENT NO. II-B, SKYLINE AUGUSTA, MALLAPPALLY ROAD, KUTTAPPUZHA P.O., THIRUVALLA.

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BY ADVS. SRI.SUBAL J.PAUL SMT.SHEEBA THOMAS

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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TR.P.(C).No. 148 of 2016

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-------------------------

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEX 1 TRUE COPY OF CRL.MP.NO.8/2015 PENDING BEFORE THE JFMC, KUNNUMPURAM, ERNAKULAM. ANNEX 2 TRUE COPY OF OP.NO.192/2016 PENDING BEFORE THE FAMILY COURT, ERNAKULAM. ANNEX 3 TRUE COPY OF OP (G & W) NO.64/2016 AND PENDING BEFORE THE FAMILY COURT, THIRUVALLA. ANNEX 4 TRUE COPY OF INTERIM ORDER IN IA.NO.198/2016 PASSED BY FAMILY COURT, THIRUVALLA.

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RESPONDENT(S)' ANNEXURE

NIL

//TRUE COPY//

P.S.TO JUDGE

msv/

K.RAMAKRISHNAN, J.

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Tr.P.(C)No.148 of 2016

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Dated this the 8^th day of December, 2016

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ORDER

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This petition has been filed by the petitioner seeking transfer of O.P.(G&W)No.64/2016 pending before the Family Court, Thiruvalla to Family Court, Ernakulam under section 24 of the Code of Civil Procedure.

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It is alleged in the petition that the marriage between the petitioner and respondent was solemnised on 17.08.2005 from Thiruvalla and they lived together as husband and wife for sometime and two children were born to them in that wedlock and they were aged 8 and 7 years respectively and now they are with the father and studying in a residential school at Ettumanoor, Kottayam. The petitioner is now residing along with her parents. She filed a petition under Protection of Women from Domestic Violence Act, before the Judicial First Class Magistrare Court, Kunnumpuram, Ernakulam, which has already been disposed of. Petitioner also filed O.P.192/2016 before the Family Court, Ernakulam for return of gold ornaments and other reliefs. Respondent entered appearance and contesting the case. Respondent filed O.P.(G&W) 64/20116 before the Family Court,

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Tr.P.(C)No.148 of 2016

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Thiruvalla for injunction restraining the petitioner herein from forcibly taking the children and also for permanent custody of the children with him. She is finding it difficult to go to Thiruvalla to conduct the case, So she prays for transfer of the case to Ernakulam.

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Heard Sri.Mereena Joseph, counsel appearing for the petitioner and Subal S.Paul, counsel for the respondent.

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When the application came up for hearing today, counsel for the respondent submitted that the matter is almost settled between the parties and in order to finalise the settlement, if this case also has to be transferred to Family Court, Ernakulam, it will be convenient for both the parties. Further asking a lady to go to Thiruvalla to conduct the case also will cause unnecessary hardship. So considering the circumstances, this court feels that it is necessary in the interest of justice to transfer O.P.(G&W)64/2016 pending before the Family Court, Thiruvalla to Family Court, Ernakulam for disposal.

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So the application is allowed and O.P.(G&W)64/2016 pending before the Family Court, Thiruvalla is withdrawn and transferred to Family Court, Ernakulam for disposal. The Family Court, Thiruvalla is directed to transmit the records to Family Court, Ernakulam, immediately.

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Tr.P.(C)No.148 of 2016

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With the above direction and observation, the petition is disposed of. Interim order of stay is vacated.

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Registry is directed to communicate this order to both the courts,

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immediately.

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Sd/- (K. Ramakrishnan, Judge)

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//True Copy//

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P.A. to Judge

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Susan Sarish Sunny v. Dr.Sarish Mammen Sunny

Case brief

What is this about?

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Susan Sarish Sunny v. Dr.Sarish Mammen Sunny

Case brief

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