Allowed

Gaurishree V.K v. Karthik Mohan

Kerala HC25 Nov 2016Tr.P(C)/384/2016

Case brief

AI extract

What is this about?

The Transfer Petition was filed seeking transfer of a matrimonial case from Family Court, Thiruvalla to Family Court, Thiruvananthapuram. The Court held that the petitioner's residence is a material consideration and ordered the transfer for sake of justice.

What did the court decide?

Operation (HMA) 154/2016 of Family Court, Thiruvalla is transferred to Family Court, Thiruvananthapuram for disposal.

Gaurishree V.K Vs Karthik Mohan — Matrimonial and Divorce | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

¶4

FRIDAY, THE 25TH DAY OF NOVEMBER 2016/4TH AGRAHAYANA, 1938

¶5

Tr.P(C).No. 384 of 2016

¶6

TO TRANSFER OP(HMA) 154/2016 OF FAMILY COURT, THIRUVALLA TO FAMILY COURT, THIRUVANANTHAPURAM

¶7

PETITIONER(S):

¶8

GAURISHREE V.K.,

¶9

AGED 25 YEARS, SAISHREE, KUSAVARKAL, MUTTADA P.O., PATTOM VILLAGE, THIRUVANANTHAPURAM.

¶10

BY ADV. SRI.B.KRISHNA MANI

¶11

RESPONDENT(S):

¶12

KARTHIK MOHAN, AGED 29 YEARS, S/O MOHANACHANDRAN NAIR, SAMASYA, THALAYAR, KUTTOOR P.O., THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT - 686 810.

¶13

BY ADVS. SRI.K.SASIKUMAR SRI.S.ARAVIND

¶14

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

msv/

¶16

TR. P(C).No. 384 of 2016 -------------------------

¶17

APPENDIX

¶18

PETITIONER(S)' ANNEXURES:

¶19

ANNEX A1 TRUE COPY OF THE PETITION OP(HMA) 154/2016 BEFORE THE FAMILY COURT, THIRUVALLA.

¶20

RESPONDENT(S)' ANNEXURE

NIL

//TRUE COPY//

P.S.TO JUDGE

msv/

K.RAMAKRISHNAN, J.

¶26

Tr.P. (Civil) No.384 of 2016

¶27

Dated this the 25^th day of November, 2016

¶28

ORDER

¶29

This petition has been filed by the petitioner seeking transfer of O.P.(HMA)154/2016 of Family Court, Thiruvalla to Family Court, Thiruvananthapuram under Section 24 of the Code of Civil Procedure.

¶30

It is alleged in the petition that the petitioner is the wife of the respondent whose marriage was solemnised on 12.11.2014 from Sreevaikundam Kalyanamandapam, South Street at Vanchiyoor Village in Thiruvananthapuram District. They lived together for sometime and the relationship strained and now they are residing separately. The

¶31

petitioner is now residing in her parental house in Thiruvananthapuram. She is the only child and her father died while she was young and she is being looked after by her maternal uncle Sri.Bhasikumaran Nair, who is aged 76 years. Now she is finding it difficult to go to Thiruvalla to conduct the case. So she prays for transfer of this case to Family Court, Thiruvananthapuram. Hence this petition.

¶32

Heard Sri.V.Krishna Mani, counsel appearing for the petitioner and Sri.K.Sasikumar, counsel appearing for the respondent. The counsel for the petitioner argued in support of his case and it was opposed by the counsel for the respondent.

¶33

It is an admitted fact that the petitioner and respondent are wife and husband and their marriage was solemnised at

¶34

Tr.P. (Civil) No.384 of 2016

¶35

¶36

Thiruvananthapuram. They lived together as husband and wife at Thiruvalla. Thereafter the relationship strained and now they are residing separately. The petitioners father died during her young age. She is under the care and protection of her maternal uncle, who is aged 76 years now. She is finding it difficult to go to Thiruvalla to conduct the case as there is none to accompany her. It is settled law that while considering the question of transfer of matrimonial cases, the place of residence of the wife will have to be considered. Under such circumstances, this court feels that it is necessary in the interest of justice to transfer O.P.(HMA)154/2016 pending before the Family Court, Thiruvalla to Family Court, Thiruvananthapuram for disposal.

¶37

So the application is allowed and O.P.(HMA)154/2016 of Family Court, Thiruvalla is withdrawn and transferred to Family Court, Thiruvananthapuram for disposal. The Family Court, Thiruvalla is directed to transmit the records to Family Court, Thiruvananthapuram immediately. Both the counsel submitted that, if a date is fixed for their appearance, they will appear before the transferee court to avoid delay in proceeding the matter. Parties are directed to appear before the Family Court, Thiruvananthapuram on 07.01.2017.

¶38

Registry is directed to communicate this order to both the courts immediately.

¶39

Sd/-(K. Ramakrishnan, Judge)

¶40

Gaurishree V.K v. Karthik Mohan

Case brief

What is this about?

What did the court decide?

Gaurishree V.K v. Karthik Mohan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

S.Jancy Vs S.Ratheesh

The Assistant Executive Engineer Vs Y.Shamsudheen

Sathyadasan Vs Saraswathy

Thomas John Bosco Vs Pushpam Francis

Sheeja Vs Shanavas Ali

Karthika S.P. Vs Ajith M.S.