The High Court at Ernakulam allowed a transfer petition to move Family Court OP.No.93/2015 from Pala to Pathanamthitta, citing the wife's residence and the principle of convenience in matrimonial dispute transfers.
OP.No.93/2015 before Family Court, Pala transferred to Family Court, Pathanamthitta.
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.RAMAKRISHNAN
MONDAY, THE 14TH DAY OF NOVEMBER 2016/23RD KARTHIKA, 1938
Tr.P(C).No. 178 of 2015 ()
--------------------------TO TRANSFER O.P. NO. 93/2015 OF FAMILY COURT, PALA TO FAMILY COURT, PATHANAMTHITTA.
PETITIONER(S):
ASWATHY GOPAL, AGED 25 YEARS, D/O. GOPALA KRISHNAN NAIR, POOVAKULATHU HOUSE, RANNI P.O., RANNI VILLAGE, TALUK, PATHANAMTHITTA DISTRICT-689 672.
BY ADVS.SRI.V.SETHUNATH, SRI.V.R.MANORANJAN (MUVATTUPUZHA).
RESPONDENT(S):
K.G. RAJESH, AGED 31 YEARS, S/O. GOPALA PILLA, KULAVATTATHU VEETIL, VIZHIKKATHODE P.O., CHENAPPADI, KOOVAPPALLY VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT-686 518.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Tr.P(C).No. 178 of 2015
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE 1 COPY OF THE PETITION FILED BY THE RESPONDENT HEREIN, BEFORE THE FAMILY COURT, PALA AS O.P. NO.93/2015.
ANNEXURE 2 COPY OF THE PETITION FILED BY THE RESPONDENT HEREIN, BEFORE THE FAMILY COURT, PATHANAMTHITTA AS UNNUMBERED OP(HMA) AND I.A. NO.216/2015.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
K. RAMAKRISHNAN, J.
....................................... Tr.P.(C).No.178 of 2015
Dated this the 14th day of November, 2016.
O R D E R
This petition is filed by the petitioner/wife to transfer OP.No.93/2015 of the Family Court, Pala to the Family Court, Pathanamthitta under section 24 of the Code of Criminal Procedure.
Tr.P.(C).No.178 of 2015 2
between the petitioner and the respondent was solemnized on 9.11.2014 and after some time they are residing separately. There is no dispute that the petitioner is now residing in her parental house at Pathanamthitta district. The respondent filed OP.No.93/2015 before the Family Court, Pala for restitution of conjugal rights. It is also alleged in the petition that the petitioner herself filed an unnumbered OP(HMA) along with IA.No.216/2015 for leave to file a petition under section 14(1) of the Hindu Marriage Act and that is pending before the Family Court, Pathanamthitta. Asking a lady, who is residing with her parents in Pathanamthitta district to go to Pala to conduct the case will cause unnecessary hardship to her. It is settled law that as far as possible, convenience of the place of residence of the wife will have to be considered for transferring the cases involving matrimonial disputes. So considering the circumstances, this court feels that it is necessary in the interest of justice to transfer OP.No.93/2015 pending before the Family Court to Pala to the Family Corut, Pathanamthitta for disposal.
So the application is allowed. OP.No.93/2015 pending before the Family Court, Pala is withdrawn and transferred to the Family Court, Pathanamthitta for disposal. The Family Court, Pala is directed to transmit the records to the Family Court, Pathanamthitta at the earliest.
Tr.P.(C).No.178 of 2015
3
Registry is directed to communicate a copy of this order to
both the courts immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl
2 issues framed by the court
Whether OP.No.93/2015 filed for restitution of conjugal rights in Family Court, Pala should be transferred to Family Court, Pathanamthitta considering the wife's residence.
Whether the wife's convenience and residence should be a ground for transfer of matrimonial cases.
1 provisions across 1 enactments
Aswathy Gopal
K.G. Rajesh
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
