Allowed

Axie Alex v. Sijo Mathew

Kerala HC6 Aug 2016Tr.P(C)/228/2016

Case brief

AI extract

What is this about?

Held that the petition to transfer O.P.No.70/2016 from Vadakara Family Court to Family Court, Sulthan Bathery is allowed to prevent unnecessary hardship. The respondent's personal appearance in the transferee court was dispensed with.

What did the court decide?

O.P.No.70/2016 of Family Court, Vadakara is transferred to Family Court, Sulthan Bathery; respondent's personal appearance dispensed with.

Axie Alex Vs Sijo Mathew — Property and Title | 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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SATURDAY, THE 6TH DAY OF AUGUST 2016/15TH SRAVANA, 1938

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Tr.P(C).No. 228 of 2016

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TO TRANSFER O.P.NO.70/2016 OF THE FAMILY COURT, VADAKARA TO FAMILY COURT, SULTHAN BATHERY

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PETITIONER(S)/RESPONDENT :

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AXIE ALEX,

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D/O.ALKEXANDER, AGED 33 YEARS, ALANCHERRY HOUSE, MANTHANDIKUNNU, KUPPADI VILLAGE, SULTHAN BATHERY P.O., WAYANAD DISTRICT.

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BY ADV. SRI.K.R.SUNIL

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RESPONDENT(S)/PETITIONER :

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SIJO MATHEW, S/O.MATHEW V.A, AGED 33, VADAKKEDATH HOUSE, AVIDANALLUR P.O., NADUVANNUR, VIA KOOTTALIDA, KOZHIKODE DISTRICT,

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NOW RESIDING AT UNIT NO.329, REGIMENT C/O.56 APO, PIN-926 329, UTTARPRADESH, REPRESENTED BY POWER OF ATTORNEY HOLDER MATHEW V.A, VADAKKEDATH HOUSE, AVIDANALLUR P.O., NADUVANNUR, VIA KOOTTALIDA, KOZHIKODE DISTRICT.

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BY ADVS. SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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Tr.P(C).No. 228 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A1: THE TRUE COPY OF THE O.P.NO.70/2016 OF THE FAMILY COURT, VADAKARA.

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ANNEXURE A2: THE TRUE COPY OF THE CERTIFICATE OF SERVICE OF THE PETITIONER AT M.E.S K.M.H.M HOSPITAL, SULATHAN BATHERY DATED 24.06.2016.

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ANNEXURE A3: THE TRUE COPY OF THE CERTIFICATE OF MERIT AWARDED TO THE PETITIONER'S SON 'ASHER SIJO'.

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RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.A.TO JUDGE

Msd.

K. Ramakrishnan, J.

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

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Tr.P.(C).No.228 of 2016

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============================== Dated this, the 06^th day of August, 2016.

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O R D E R

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1.This is a petition filed by the petitioner to transfer O.P.No.70/2016 pending before Vadakara Family Court to Family Court, Sulthan Bathery, under Section 24 of the Code of Civil Procedure.

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2.It is alleged in the petition that the respondent married the petitioner on 10.04.2010 as per custom prevailing in Christian community and a child was born to them on 22.06.2011. There was some difference of opinion arose between them. Thereafter, they started residing separately. The respondent herein filed O.P.No.70/2016 before Family Court, Vadakara for restitution of conjugal rights against the petitioner. The petitioner is working as a staff nurse in M.E.S K M H M Hospital, Sulthan Bathery and she is residing there with the child, aged 4 years. It will be difficult for her to go to Vadakara to conduct the case. So, it is necessary in the interest of justice to transfer the case to Family Court, Sulthan Bathery.

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Tr.P.(C).No.228 of 2016 : 2 :

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Hence the petition.

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3.Heard Shri.K.R.Sunil, counsel appearing for the petitioner and Shri.P.R.Sreejith, counsel appearing for the respondent.

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4.The counsel for the petitioner submitted in support of his case in the petition.

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5.The petition was opposed by the counsel for the respondent stating that he will have to travel a long distance to conduct the case.

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6.It is an admitted fact that the petitioner and respondent are wife and husband and there is a child born to them in the wedlock. It is also an admitted fact that petitioner is now working in Sulthan Bathery as a staff nurse in a private hospital and she is residing with her parents with four year old child at Sulthan Bathery. It is difficult for her to come to Vadakara to conduct the case. Asking a lady with the child, depending on the parents for her support, to come to Vadakara, to conduct the case will cause unnecessary hardship to her. So, considering the circumstances, it is necessary in the interest of justice to

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Tr.P.(C).No.228 of 2016 : 3 :

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transfer the case pending before Family Court, Vadakara to Family Court, Sulthan Bathery.

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7.So, the petition is allowed. O.P.No.70/2016 of Family Court , Vadakara is withdrawn and transferred to Family Court, Sulthan Bathery for disposal. Family Court, Vadakara is directed to transmit the records to Family Court, Sulthan Bathery immediately. The personal appearance of the respondent can be dispensed with and his presence may be insisted whenever his presence is required for the purpose of counseling, mediation and for court counseling and if his presence is required for the purpose of conduct of the case and on all other days, he may be permitted to appear through his counsel in the transferee court.

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

Sd/-

K.Ramakrishnan,

Judge.

[True copy]

P.A to Judge

Axie Alex v. Sijo Mathew

Case brief

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Axie Alex v. Sijo Mathew

Case brief

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