Allowed

Anjali P.M.@ Krishendhu v. Vinayakumar.v.

Kerala HC9 Nov 2016Tr.P(C)/376/2016

Case brief

AI extract

What is this about?

In a transfer petition, the High Court at Ernakulam transferred a restitution of conjugal rights case from Alappuzha to Ernakulam Family Court. The transfer favored a petitioner residing in Ernakulam with pending domestic violence and divorce cases. The respondent consented to the transfer.

What did the court decide?

OP.No.392/2013 was withdrawn from Alappuzha Family Court and transferred to Ernakulam Family Court for disposal. Records were directed to be transmitted immediately.

Anjali P.M.@ Krishendhu Vs Vinayakumar.v. — 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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WEDNESDAY, THE 9TH DAY OF NOVEMBER 2016/18TH KARTHIKA, 1938

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Tr.P(C).No. 376 of 2016

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TO TRANSFER O.P.NO. 392/2013 OF THE FAMILY COURT, ALAPPUZHA TO THE FAMILY COURT, ERNAKULAM

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PETITIONER(S) :

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ANJALI P.M.@ KRISHENDHU, AGED 26 YEARS, D/O. LATE MADANAN, PULIYAMMAKKIL HOUSE, SOUTH PARAVOOR P.O., ERNAKULAM DISTRICT.

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BY ADVS. SRI.K.S.MOHAMED HASHIM SMT.CAROLIN SINDHU VAZ

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SMT.P.A.JAIMOLE

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RESPONDENT(S) :

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VINAYAKUMAR.V., AGED 35 YEARS, S/O. VIJYAN. PULIKKAL HOUSE, MANAPURAM P.O., ALAPUZHA DISTRICT 688 558.

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BY ADVS. SMT.K.S.SUMITHA SMT.M.M.JASMIN

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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Tr.P(C).No. 376 of 2016

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: A TRUE COPY OF THE O.P.NO. 392/2013 FILED BY THE RESPONDENT BEFORE FAMILY COURT, ALAPUZHA.

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EXHIBIT P2: A TRUE COPY OF THE ORDER IN M.C.NO. 10/2013 DATED 28.08.2014 OF ACJM COURT, ERNAKULAM.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

K. RAMAKRISHNAN, J.

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....................................... Tr.P.(C).No.376 of 2016

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........................................ Dated this the 9^th day of November, 2016.

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O R D E R

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This is a petition filed by the petitioner seeking transfer of OP.No.392/2013 pending before the Family Court, Alappuzha to the Family Court, Ernakulam under section 24 of the Code of Criminal Procedure.

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It is alleged in the petition that the marriage between the petitioner and the respondent was solemnized on 11.4.2009 and thereafter they resided together as husband and wife for some time and a child was born to them in that wedlock. After sometime, their relationship strained and they are residing separately and now the petitioner is residing with the widowed mother and an unmarried sister at South Paravoor in Ernakulam district along with the child. The petitioner filed OP.No.835/2016 against the respondent for dissolution of marriage and that is pending before the Family Court, Ernakulam. Further, the petitioner also filed MC.No.10/2013 before the Additional Chief Judicial Magistrate Court, Ernakulam under the provisions of Protection of Woman from Domestic Violence Act and since the amount ordered as maintenance has not been paid, she filed CMP.No.1209/2016 for execution of the same. That is also pending. The respondent filed OP.No.392/2013 before the Family Court, Alappuzha for restitution of conjugal rights. It is difficult for her to go to

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Tr.P.(C).No.376 of 2016

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Alappuzha to conduct the case. So it is necessary in the interest of justice to transfer that case to the Family Court, Ernakulam. Hence the petition.

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Though the matter was referred for mediation, it failed. When the petition came up for hearing today, counsel for the respondent submitted that he had no objection in transferring the case.

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Considering the fact the petitioner is a lady without any employment and living with the child along with the widowed mother and two cases are pending before the Family Court, Ernakulam and the Additional Chief Judicial Magistrate Court, Ernakulam, where the respondent is contesting the cases, if this case is also transferred, no hardship will be caused to the respondent. So this court is of the view that the case pending before the Family Court, Alappuzha has to be transferred to the Family Court, Ernakulam as it will be convenient for both the parties.

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So the petition is allowed. OP.No.392/2013 pending before the Family Court, Alappuzha is withdrawn and transferred to the Family Court, Ernakulam for disposal. The Family Court, Ernakulam on receipt of the records shall consider the question of joint trial of the cases pending before that court, if an application has been filed for that purpose by the parties. Both the counsel submitted

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Tr.P.(C).No.376 of 2016

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that if a date is fixed for appearance, they will appear before the Family Court, Ernakulam. So parties are directed to appear before the Family Court, Ernakulam on 8.12.2016. Considering the fact that the case is of the year 2013, the Family Court, Ernakulam is directed to take all earnest attempt to dispose of the case at the earliest. The Family Court, Alappuzha is directed to transmit the records to the Family Court, Ernakulam immediately.

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With the above directions and observations, this petition is disposed of. Registry is directed to communicate a copy of this order to both the courts immediately.

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Sd/-

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K. RAMAKRISHNAN, JUDGE.

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Anjali P.M.@ Krishendhu v. Vinayakumar.v.

Case brief

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Anjali P.M.@ Krishendhu v. Vinayakumar.v.

Case brief

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