Allowed

Vineetha v. Vijesh.P.T

Kerala HC8 Nov 2016Tr.P(C)/406/2016

Case brief

AI extract

What is this about?

This transfer petition was filed by the petitioner to transfer her husband's divorce case from Family Court, Muvattupuzha to Family Court, Alappuzha. The court allowed the transfer considering the petitioner resides with her child in Alappuzha and the place of convenience of the wife must be considered in matrimonial cases.

What did the court decide?

O.P.125/2016 pending before Family Court, Muvattupuzha is withdrawn and transferred to Family Court, Alappuzha for disposal.

Vineetha Vs Vijesh.P.T — Matrimonial and Divorce | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4

TUESDAY, THE 8TH DAY OF NOVEMBER 2016/17TH KARTHIKA, 1938

¶5

Tr.P(C).No. 406 of 2016

¶6

------------------------OP 125/2016 OF FAMILY COURT, MUVATTUPUZHA ------------------

¶7

PETITIONER/RESPONDENT: ----------------------

¶8

VINEETHA, D/O.RAMESH KUMAR, ASWATHY HOUSE, AVALUKUNNU P O, ALAPUZHA, NOW RESIDING AT GOKULAM, NEAR KOCHUKULAPURA TAMPLE, CHATHANADU, AVALUKUNNU P O, ALAPPUZHA.

¶9

BY ADV. SRI.C.A.RAJEEV

¶10

RESPONDENT/PETITIONEER:

¶11

VIJESH.P.T, S/O.THANKAPPAN NAIR, PLAVADA KOCHUVEEDU, SOUTH VAZHAKULAM, VAZHAKULAM, KUNNATHUNADU, THOTTUMUKAM P O, ERNAKULAM.683105.

¶12

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶13

K.V.

¶14

TR.PC NO 406 OF 2016:

¶15

APPENDIX

¶16

PETITIONERS ANNEXURES:

¶17

ANNEXURE 1 COPY OF THE PETITION IN O.P 125/16 DATED 7.5.2016 FILED BEFORE THE FAMILY COURT,MUVATTUPUZHA.

¶18

ANNEXURE 11 COPY OF THE PETITION IN M.C.63/16 DATED 22.6.2016 FILED BEFORE THE FAMILY COURT,ALAPUZHA.

¶19

RESPONDENTS ANNEXURES: NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

K.RAMAKRISHNAN, J.

¶24

Tr.P.(C) No.406 of 2016

¶25

Dated this the 8^th day of November, 2016

¶26

ORDER

¶27

This transfer petition has been filed by the petitioner, seeking transfer of O.P.124/2016 of Family Court, Muvattupuzha to Family Court, Alappuzha under Section 24 of the Code of Civil Procedure.

¶28

It is alleged in the petition that the respondent married the petitioner on 11.5.2014 at Alappuzha and a girl child was born to them in that wedlock and after the birth of the child they were residing separately. Petitioner is now residing with her child at Alappuzha along with her parents. The respondent filed O.P.125/2016 before the Family Court, Muvattupuzha for divorce. The petitioner filed M.C.63/2016 before the Family Court, Alappuzha for maintenance for herself and the child. The respondent entered appearance and he is contesting the case. She is finding it difficult to go to Muvattupuzha to conduct the

¶29

case. So she prayed for transferring the case to Family Court, Alappuzha, hence this petition.

¶30

Though notice was served on the respondent, he did not

¶31

appear.

¶32

Heard Sri.C.A.Rajeev, counsel appearing for the petitioner

¶33

who argued in support of the case.

¶34

The fact that the petitioner married the respondent and a

¶35

girl child was born to them and they are now residing separately and the petitioner is now residing along with the child in her parental house

¶36

Tr.P.(C) No.406 of 2016

¶37

¶38

at Alappuzha is not in dispute. It is also not in dispute that petitioner filed M.C.63/2016 before Family Court, Alappuzha for maintenance and the respondent entered appearance and he is contesting the case. The respondent filed O.P.125/2016 before the Family Court, Muvattupuzha for divorce. Asking a lady, who is living with the child in her parental house to go to Muvattupuzha to conduct the case will cause unnecessary hardship to her. Further it is settled law that, the place of convenience of the wife has to be considered while considering the question of transfer of matrimonial cases. So under such circumstances, this court feels that it is necessary in the interest of justice to transfer O.P.125/2016 pending before the Family Court, Muvattupuzha to Family Court, Alappuzha for disposal.

¶39

So the petition is allowed and O.P.125/2016 pending before Family Court, Muvattupuzha is withdrawn and transferred to Family Court, Alappuzha for disposal. The Family Court, Muvattupuzha is directed to transmit the records to Family Court, Alappuzha immediately.

¶40

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

¶41

Sd/-

¶42

(K. Ramakrishnan, Judge)

¶43

//True Copy// P.A. to Judge

¶44

Vineetha v. Vijesh.P.T

Case brief

What is this about?

What did the court decide?

Vineetha v. Vijesh.P.T

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

Sailendranatha Pillai K.S Vs Karunakara Prabhu

Satheesh Chandran Vs Velu

Katalappurath Lakshmi Vs Paipparambath Janardhanan

Ancy Babu Vs Celinamma Joseph

Riya K. Chacko Vs Boby Varkey

Laijumol Vs Haroon