The High Court of Kerala allowed a transfer petition moving a family court case from Alappuzha to Pathanamthitta. The transfer was granted due to the petitioner's physical ailments and residence, making the current venue inconvenient.
OP.No.585/2015 was transferred from Family Court, Alappuzha to Family Court, Pathanamthitta; parties directed to appear on 16.1.2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 25TH DAY OF NOVEMBER 2016/4TH AGRAHAYANA, 1938 Tr.P(C).No. 414 of 2016 -----------------------O.P.(DIV) NO 585/2015 FAMILY COURT, ALAPPUZHA ---------------
PETITIONER/RESPONDENT: ---------------------
KARTHIKA S.P, AGED 30 YEARS, D/O.S.PRASAD, SHOBHALAYAM, MELEVETTIPURAM P.O, PATHANAMTHITTA, REPRESENTED BY HER FATHER S.PRASAD, AGED 60 YEARS, S/O.SIVASANKARAN THAMPI, SHOBHALAYAM, MELEVETTIPURAM P.O, PATHANAMTHITTA-689 645.
BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G SRI.DIPU JAMES
RESPONDENT/PETITIONER:
AJITH M.S, AGED 34 YEARS, S/O.SASI, MOOSARICHIRAYIL HOUSE, VAYALAR P.O, CHERTHALA, ALAPPUZHA-688 536. BY ADVS. SRI.T.JAYAKRISHNAN SRI.R.KRISHNAKUMAR (CHERTHALA)
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
TPC NO 414 OF 2016:
APPENDIX
PETITIONERS ANNEXURES:
ANNEXURE A1: COPY OF ORDER DATED 16.4.2016 IN I.A.NO 1190 OF 2015 IN O.P.(DIV) NO 585 OF 2015 OF FAMILY COURT,ALAPPUZHA. ANNEXURE A2; COPY OF O.P.(DIV) NO 585 OF 2015 OF THE FAMILY COURT, ALAPPUZHA.
RESPONDENTS ANNEXURES: NIL
/TRUE COPY/
P.A.TO JUDGE
K.V.
K. RAMAKRISHNAN, J.
....................................... Tr.P.(C).No.414 of 2016
........................................ Dated this the 25th day of November, 2016.
O R D E R
This is a petition filed by the petitioner seeking transfer of OP.No.585/2015 pending before the Family Court, Alappuzha to the Family Court, Pathanamthitta under section 24 of the Code of Civil Procedure.
2
Tr.P.(C).No.414 of 2016
counsel for the respondent submitted that he has no objection in transferring the case considering the physical ailment of the petitioner and she is being represented by guardian. In the above circumstances, this court is of the opinion that it will be difficult for her to go to Alappuzha to conduct the case and the case will have to to be transferred to the place of her convenience as has been held by the Apex court in several cases of this nature.
So the application is allowed. OP.No.585/2015 pending before the Family Court, Alappuzha is withdrawn and transferred to the Family Court, Pathanamthita for disposal. Both the counsel submitted that if a date is fixed for appearance of the parties, they will appear before the transferee court on that date. So parties are directed to appear before the Family Court, Pathanamthitta on 16.1.2017. The Family Court, Alappuzha is directed to transmit the records to the Family Court, Pathanamthitta at the earliest.
Registry is directed to communicate a copy of this order to both the courts immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl
1 issue framed by the court
Whether the Family Court petition filed by a physically ailment-suffering wife should be transferred to the court of the place of her convenience under Section 24 of the CPC.
1 provisions across 1 enactments
Karthika S.P
Ajith M.S
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
