The court allowed a transfer petition moving an Original Petition for restitution of conjugal rights from the Family Court, Ettumanoor, to the Family Court, Kollam, citing the petitioner's residence and prior legal proceedings in Kollam.
Original Petition No.360 of 2016 transferred to Family Court, Kollam.
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
THURSDAY, THE 23RD DAY OF JUNE 2016/2ND ASHADHA, 1938
Tr.P(C).No. 306 of 2016
TO TRANSFER O.P.NO. 360/2016 of FAMILY COURT, ETTUMANOOR TO FAMILY COURT, KOLLAM
PETITIONER(S) :
DR.BINEETA BRUNO M, AGED 28 YEARS, D/O. BRUNO MASCARENHAS J., PUTHENPURACKAL HOUSE, MWRA-57, MUNDAKKAL WEST, KOLLAM-691 001, NOW WORKING AS ASSISTANT SURGEON, COMMUNITY HEALTH CENTRE, AGALI, PALAKKAD-678 581.
BY ADVS. SRI.JOHNSON GOMEZ
SRI.S.BIJU (KIZHAKKANELA)
RESPONDENT(S) :
DR.SANDEEP THOMAS, AGED 33 YEARS, S/O. K.J.THOMAS, KALLUKULAM HOUSE, OPPOSITE S.H.CHURCH, KURISUMOODU P.O., CHANGANASSERY TALUK, KOTTAYAM-686 104, NOW RESIDING AT FLAT NO.13 S, TOWER 3, D.D.PLATINUM PLANET, KATHRIKADAVU, KALOOR, ERNAKULAM-682 017.
BY ADV. SRI.P.C.HARIDAS
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Tr.P(C).No. 306 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1: A TRUE COPY OF THE ORIGINAL PETITION FILED BY THE RESPONDENT O.P.NO. 360/2016 BEFORE THE FAMILY COURT, ETTUMANOOR.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.A.TO JUDGE
Msd.
K. HARILAL, J.
= = = = = = = = = = = = = = = = = Tr.P.(C) No. 306 of 2016
- - - - - - -- - - - - - - - - - - - - - Dated this the 23rd day of June, 2016
O R D E R
The petitioner is the wife of the respondent
herein. Their marriage was solemnised on 20.08.2013 and thereafter, the marital relationship has become strained, due to discordance and disharmony and eventually culminated in legal battle before different courts at Kottayam and Kollam. The petitioner filed M.C. No.107 of 2015 before the Judicial First Class Magistrate Court, Kollam under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act') . Thereafter, the respondent filed Original Petition No.360 of 2016, before the Family Court, Ettumanoor, seeking restitution of conjugal rights. The petitioner further submits that she is a Doctor,
working as Assistant Surgeon in the Health Service
Tr.P.(C) No. 306 of 2016
-: 2 :-
Department and is posted at Community Health Centre,
Agaly in Palakkad District. But, she is residing along with her parents at Kollam, after separation from the respondent. She had already initiated legal proceedings under the Act against the respondent before the Family Court, Kollam. She is settled with her family at Kollam. Therefore, it will be convenient for her to contest the case before the Family Court, Kollam. On the above premises, she
prayed for an order, transferring Original Petition No.360 of 2016, from the Family Court, Ettumanoor to the Family Court, Kollam.
petitioner and the learned counsel appearing for the respondent.
Tr.P.(C) No. 306 of 2016
-: 3 :-
([2003] 10 SCC 280), the Apex Court held that in the
matter of transferring the Family Court cases, the convenience of the wife must be given preference. Further in Amita Shah v. Virenderlal Shah ([2003] 10 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.
Tr.P.(C) No. 306 of 2016
-: 4 :-
Court, Ettumanoor, and the pendency of the M.C. before the Magistrate's Court, Kollam, this Court is inclined to allow the petition, as prayed for. Consequently, Original Petition No.360 of 2016 of the Family Court, Ettumanoor, will stand transferred to the Family Court, Kollam. Parties shall appear before the Family Court, Kollam, on 1st August, 2016. This Transfer Petition (Civil) is allowed accordingly.
Sd/- K. HARILAL,
DST
//True copy// P.A. To Judge
Colour shows how this judgement treated each authority
Mangala Patil Kale v. Sanjeev Kumar KaleReferred¶4
[2003] 10 SCC 280 · Who else cites this
Amita Shah v. Virenderlal ShahReferred¶4
[2003] 10 SCC 609 · Who else cites this
Dr. Bineeta Bruno M
Dr. Sandeep Thomas
K. Harilal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
