Allowed

Layana v. Ganesh Kumar

Kerala HC26 Oct 2016Tr.P(C)/40/2016

Case brief

AI extract

What is this about?

This court allowed a transfer petition seeking to move a divorce petition filed before the Family Court Irinjalakkuda to the Family Court Thiruvananthapuram. The transfer was ordered to ensure a joint trial with the petitioner's other pending cases between the same parties and considering her residence.

What did the court decide?

Transfer of O.P. No. 896 of 2015 from Family Court, Irinjalakkuda to Family Court, Thiruvananthapuram for trial; records directed to be transmitted immediately.

Layana Vs Ganesh Kumar — 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

WEDNESDAY, THE 26TH DAY OF OCTOBER 2016/4TH KARTHIKA, 1938

¶5

Tr.P(C).No. 40 of 2016

¶6

OP 896/2015 OF FAMILY COURT, IRINJALAKUDA

¶7

PETITIONER(S):

¶8

LAYANA, AGED 29 YEARS, D/O.GOPINATH, VALLATHERIL HOUSE, PUTHENVELIKKARA, ERNAKULAM DISTRICT, NOW RESIDING AT SREE SAI, KAZHAKKOOTTAM VILLAGE, AMBALATHINKARA, KARYAVATTOM P.O., PIN-695 581, THIRUVANANTHAPURAM.

¶9

BY ADV. SRI.V.A.PRADEEP KUMAR

¶10

RESPONDENT(S):

¶11

GANESH KUMAR, AGED 35 YEARS, S/O.THYAGARAJAN, MANAGATTIL HOUSE, METHALA DESOM, METHALA VILLGE, KODUNGALLOOR, THRISSUR DISTRICT-680 669.

¶12

BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.PRATHAP PILLAI SRI.SEBIN THOMAS SRI.VIVEK V. KANNANKERI SMT.J.KASTHURI SRI.VISHNU BHUVANENDRAN

¶13

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

¶15

Tr.P(C).No. 40 of 2016 -----------------------

¶16

APPENDIX

¶17

PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 TRUE COPY OF THE OP.896/2015 ON THE FILE OF THE FAMILY COURT, IRINJALAKUDA EXHIBIT P2 TRUE COPY OF THE PAY SLIP ISSUED BY EXPERSION TECHNOLOGIES (INDIA) PVT.LTD., THIRUVANANTHAPURAM. EXHIBIT P3 TRUE COPY OF THE JUDGMENT TR.P(C)NO.521/2014 OF THIS HON'BLE COURT. RESPONDENT(S)' EXHIBITS ----------------------NIL. / TRUE COPY / P.S. TO JUDGE PJ

¶18

K.RAMAKRISHNAN, J.

¶19

=================== Transfer Petition (Civil) No.40 of 2016

¶20

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

¶21

Dated this the 26^th day of October, 2016

¶22

ORDER

¶23

This is an application filed by the petitioner seeking transfer of O.P.No.896 of 2015 on the file of Family Court Irinjalakkuda to Family Court Thiruvananthapuram under Section 24 of the Code of Civil Procedure.

¶24

It is alleged in the petition that respondent married the petitioner and they lived together as husband and wife for some time. Thereafter, they started residing separately. The respondent filed Ext.P1 O.P.No.896 of 2015 before Family Court Irinjalakkuda for dissolution of marriage. The petitioner is residing in Thiruvananthapuram along with her mother, even before their marriage. She is working as Software Engineer in Technopark for the last four years, evidenced by Ext.P2. The marriage was solemnized on 21.04.20111 at Aluva Adwaitha Ashramam in Ernakulam District. They resided together at respondents house for less than one month. Thereafter, she returned to Thiruvananthapuram in connection with her employment. The petitioner filed O.P.Nos.766 of 2014 and 765 of 2014 before

¶25

Transfer Petition (Civil) No.40 of 2016

¶26

Family Court Irinjalakkuda, and petitioner filed Transfer Petitions

¶27

(Civil) 521 of 2014 and 522 of 2014 to transfer those two cases to

¶28

Family Court Thiruvananthapuram and the same was allowed by Ext.P3 order. It is thereafter, the present petition has been filed by the respondent before the same court for divorce. The petitioner is having difficulty to come to Irinjalakkuda to conduct the case. So she prayed for transfer the case. Hence this petition.

¶29

Heard Shri. V.A. Pradeep Kumar, learned counsel appearing for the petitioner and Shri Nagaraj Narayanan, learned counsel appearing for the respondent.

¶30

The learned counsel for the petitioner argued in support of his case. The learned counsel for the petitioner had also submitted that two other cases filed by the petitioner earlier were already transferred to Family court Thiruvananthapuram. It is thereafter, the present petition was filed for divorce by the respondent before the same court, viz Family Court Irinjalakkuda to harass the petitioner.

¶31

On the other hand, the learned counsel for the respondent submitted that the respondent's mother is aged person, it is difficult for him to go to Thiruvananthapuram to conduct the case, if the case is transferred to Ernakulam, it will

¶32

Transfer Petition (Civil) No.40 of 2016

¶33

be convenient for both the parties.

¶34

It is an admitted fact that the marriage between the respondent and petitioner was solemnized on 21.04.2011 at Aluva Adwaitha Ashramam in Ernakulam District. They resided together as husband and wife at the residence of respondent for some time. Thereafter she went to Thiruvananthapuram in connection with her employment. She is now residing there along with her mother. It is also seen from the petition that the petitioner herein filed O.P.Nos. 766 of 2014 and 765 of 2014 against the respondent seeking certain reliefs under Section 7 of the Family Courts Act and by filing Transfer Petition (Civil) Nos.521 of 2014 and 522 of 2014 by the petitioner, those two cases were transferred to Family Court Irinjalakkuda to Family Court Thiruvananthapuram. It is thereafter, that the respondent herein filed O.P.No.896 of 2015 before the Family Court Irinjalakkuda for divorce. Since two other cases between the same parties, which was earlier filed before the Family Court Irinjalakkuda had already been transferred to Family Court Thiruvananthapuram, taking into consider the convenience of the petitioner, this Court feels that it is necessary in the interest of justice to transfer the present case viz., O.P.896 of 2015 pending before Family Court Irinjalakkuda to

¶35

Transfer Petition (Civil) No.40 of 2016

¶36

Family Court Thiruvananthapuram to be tried along with the other two cases pending between the parties in that court.

¶37

So, the petition is allowed and O.P.896 of 2015 pending

¶38

before Family Court Irinjalakkuda is withdrawn and transferred to Family Court Thiruvananthapuram for disposal along with the other two cases mentioned above, which were already transferred to Family Court . Family Court Thiruvananthapuram for disposal. Family Court Irinjalakkuda is directed to transmit the records to Family Court Thiruvananthapuram immediately. Both the counsel submitted that if a date of fixed for their appearance, they will appear before the transferee court to avoid the delay in proceeding in the matter.

¶39

Parties are directed to appear before Family Court Thiruvananthapuram on 05.12.2016. The Family Court Thiruvananthapuram can consider the question of joint trial of these cases if any of the party applies for joint trial.

¶40

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

¶41

Sd/K.RAMAKRISHNAN, JUDGE

¶42

SKV

Layana v. Ganesh Kumar

Case brief

What is this about?

What did the court decide?

Layana v. Ganesh Kumar

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

John J. Illickan Vs Sheela Merin Jacob @ Sheela Philip P.

Kingfisher Airliness Limited Vs the Federal Bank Limited

B.Reghunatha Pai Vs Smt.Usha Pai

Kesavapanicker Ramabhadran Vs Sumithran

Anusha George Vs Raygon Jose.K

Hazeena Vs Thalhath N R