Allowed

Saji v. Shaji

Kerala HC15 Nov 2016Tr.P(C)/425/2016

Case brief

AI extract

What is this about?

The Court allowed a transfer petition filed by the wife seeking transfer of a divorce petition from Family Court Ettumanoor to Family Court Kattappana. Relying on settled law that matrimonial cases concerning a woman should be transferred to her place of convenience, the Court quashed the jurisdiction of the original court and remanded the case.

What did the court decide?

O.P. No. 768 of 2016 before Family Court Ettumanoor was transferred to Family Court Kattappana for disposal, and the former court was directed to transmit records immediately.

Saji Vs Shaji — 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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TUESDAY, THE 15TH DAY OF NOVEMBER 2016/24TH KARTHIKA, 1938

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Tr.P(C).No. 425 of 2016

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OP 768/2016 OF FAMILY COURT, KOTTAYAM

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PETITIONER(S)/RESPONDENT:

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SAJI,

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W/O.SHAJI, VEZHAKKOMBIL HOUSE, IDUKKI KAVALA BHAGOM, KATTAPPANA PO, IDUKKI DISTRICT, PIN-685 508.

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BY ADVS.SRI.SAJI MATHEW SMT.MABLE.C.KURIAN

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RESPONDENT(S)/PETITIONER:

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SHAJI JOSEPH, S/O.CHACKO JOSEPH, PUTHENPURACKAL HOUSE, KURISUMMOODU PO, CHETHIPUZHA VILLAGE, CHANGANACHERY TALUK, KOTTAYAM DISTRICT, PIN-686 104.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 425 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE OP.768/2016 ON THE FILE OF THE FAMILY COURT ETTUMANNUR DATED 15/7/2016.

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RESPONDENT(S)' ANNEXURES

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NIL. / TRUE COPY / P.S TO JUDGE

K.RAMAKRISHNAN, J.

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Transfer Petition (Civil)No.425 of 2016 =======================

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Dated this the 15^th day of November, 2016

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ORDER

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This is an application filed by the petitioner seeking transfer of O.P.768 of 2016 of Family Court Eettumanoor to Family Court Kattappana under Article 24 of the Conde of Civil Procedure.

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It is alleged in the petition that Petitioner is the wife of the respondent, whose marriage was solemnized on 02.02.1998 and two children were born to them in that wedlock. After some time, their relationship strained and they are now residing separately. The respondent filed Annexure A O.P.768 of 2016 before Family Court, Ettumanoor for divorce. The petitioner is now residing at Kattapana with her mother who is 80 years old. There is nobody with her to accompany her to go to Ettumanoor to conduct the case. Hence the petition.

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Heard Shri. Saji Mathew, learned counsel for the petitioner, who argued in support of his petition. Though notice sent to respondent, he remained absent.

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4.. The marriage between the petitioner and respondent

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Transfer Petition (Civil)No.425 of 2016 2

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was solemnized on 02.02.1998 and two children were born to them in that wedlock. The respondent filed O.P.768 of 2016 before Family Court Ettumanoor. The petitioner has no employment and nobody with her to accompany to Ettumanoor to conduct the case. Being a lady without employment, it will be difficult for her to go to Ettumanoor to conduct the case.

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It is settled law that in the case of matrimonial disputes, the cases will have to be transferred to the place of convenience of the wife. So considering the circumstances, this court feels that it is necessary in the interest of justice to transfer O.P.No.768 of 2016 pending before Family Court Ettumanoor to Family Court Kattappana for disposal.

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So the application is allowed and O.P.No.768 of 2016 pending before Family Court Ettumanoor is withdrawn and transferred to Family Court Kattappana for disposal. Family Court Ettumanoor is directed to transmit the records to Family Court Kattappana immediately.

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

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Sd/-

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K.RAMAKRISHNAN, JUDGE

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SKV

Saji v. Shaji

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Saji v. Shaji

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