Allowed

Dr. Blessy Mathew v. Varghese. P.J

Kerala HC1 Nov 2016Tr.P(C)/350/2016

Case brief

AI extract

What is this about?

The Hon'ble Court allowed a Transfer Petition under Section 24 of the CPC seeking transfer of O.P.806 of 2015 from Family Court Irinjalakkuda to Family Court Thrissur. This was based on the petitioner's workplace at Mahe and the respondent's residence in Kollam, making Thrissur more convenient for judicial proceedings.

What did the court decide?

O.P.806 of 2015 pending before Family Court Irinjalakkuda is withdrawn and transferred to Family Court Thrissur. Records are directed to be transmitted immediately.

Dr. Blessy Mathew Vs Varghese. P.J — 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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TUESDAY, THE 1ST DAY OF NOVEMBER 2016/10TH KARTHIKA, 1938

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Tr.P(C).No. 350 of 2016

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OP 806/2015 OF FAMILY COURT, IRINJALAKUDA

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PETITIONER(S)/PETITIONER:

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DR. BLESSY MATHEW, D/O.MATHUKUTTY, AGED 35 YEARS, BLESSED HOME, MUPLIYAM P.O, MUKUNDAPURAM TALUK, THRISSUR DISTRICT 680 312.

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BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.MEGHA K.XAVIER

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RESPONDENT(S)/RESPONDENT:

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VARGHESE. P.J @ AJI, S/O.P.G JOHN, AGED 38 YEARS, PLAVIDA HOUSE, PLAPPALLY P.O, KOTTARAKKARA, KOLLAM DISTRICT - 691 531.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 350 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE OP.806/2015 ON THE FILE OF FAMILY COURT, IRINJALAKKUDA. RESPONDENT(S)' ANNEXURES ----------------------NIL. / TRUE COPY / P.S TO JUDGE

K.RAMAKRISHNAN, J.

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Transfer Petition (Civil) No.350 of 2016

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

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Dated this the 1^st 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.806 of 2015 pending before Family Court, Irinjalakkuda to Family court Thrissur 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 solemnized on 08.02.2010 and a girl child was born to them in that wedlock. After some time, there was difference of opinion. The husband deserted the petitioner and child from 30.04.2014 onwards. The petitioner filed O.P.806 of 2015 before Family Court, Irinjalakkuda for return of gold ornaments. The petitioner is working at Mahe and she will have to come from Mahe to Irinjalakkuda to conduct the case and it will be difficult for her to go to Irinjalakkudat to conduct the case. If the case is transferred to Thrissur, it will be convenient to both the parties as both can get down at Thrissur railway station and thereafter they can go to Family Court, Thrissur to conduct the case. So the petitioner prays transfer of case to Thrissur Famiy

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T.P.(C)No.350 of 2016 2

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Court. Hence the petition.

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Though notice was served on the petitioner he did not

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appear.

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Heard Shri.C.A.Chacko, learned counsel appearing for the petitioner who argued in support of his case in the petition.

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It is an admitted fact that the marriage between the petitioner and respondent was solemnized on 08.02.2010 and a girl child was born to them in that wedlock and they are now residing separately from 30.12.2014 onwards. Petitioner herein filed O.P.806 of 2015 before Family Court Irinjalakkuda for dissolution of marriage. According to the petitioner, she is now working at Mahe and she is finding it difficult to go to Irinjalakkuda to conduct the case. If the case is transferred to Family court,

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Thrissur it will be convenient for both the petitioner and respondent. It is true that the case has been filed within the jurisdiction where the cause of action has arisen. But since the petitioner is working at Mahe and most of the trains will not stop at Mahe or at Irinjalakkuda, she will have to get down at Thrissur and then go to Irinjalakkuda and conduct the case. The respondent is from Kollam District. It will be easier for him if the case is transferred to Family Court Thrissur. So considering the

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T.P.(C)No.350 of 2016 3

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circumstances this court feels that it is necessary in the interest of justice to transfer O.P.806 of 2015 pending before Family court Irinjalakkuda to Family Court Thrissur.

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So the application is allowed and O.P.806 of 2015 pending before Family Court Irinjalakkuda is withdrawn and transferred to Family Court Thrissur for disposal. Family Court Irinjalakkuda is directed to transmit the records to Family court Thrissur immediately.

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

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K.RAMAKRISHNAN, JUDGE

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SKV

Dr. Blessy Mathew v. Varghese. P.J

Case brief

What is this about?

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Dr. Blessy Mathew v. Varghese. P.J

Case brief

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