Honble High Court of Kerala transferred Family Court Op.316/2016 (restitution of conjugal rights) from Thiruvalla to Malappuram due to petitioner's residence and financial dependence on parents causing hardship. Additionally, High Court quashed the proceedings.
O.P.316/2016 transferred to Family Court, Malappuram; records transmission ordered.
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
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2016/9TH AGRAHAYANA, 1938
Tr.P(C).No. 467 of 2016
OP 316/2016 OF FAMILY COURT, THIRUVALLA
PETITIONER(S)/RESPONDENT:
JIJI PARAMESWARAN, AGED 27 YEARS, D/O. PARAMESWARAN, KALATHIL PARAMBIL HOUSE, KADUNGAPURAM P.O, MALAPPURAM DISTRICT.
BY ADV. SRI.T.K.AJITH KUMAR
RESPONDENT(S)/PETITIONER:
SUNESH K.G., 35 YEARS, S/O.GOPALAKRISHNAN, PERMANENTLY RESIDING AT KALLUPARAMBIL HOUSE, KALLISSERY P.O, KALLISSERY VILLAGE, CHENGANNOOR TALUK, NOW RESIDING AT CHEMBILAYATHIL HOUSE, IRAVIPEROOR P.O, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Tr.P(C).No. 467 of 2016
APPENDIX
PETITIONERS' ANNEXURES
ANNEXURE A1: COPY OF THE PETITION IN OP.316/2016 ON THE FILE OF THE FAMILY COURT AT THIRUVALLA.
RESPONDENTS' ANNEXURE
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
K.RAMAKRISHNAN, J.
Tr.P.(C)No.467 of 2016
Dated this the 30th day of November, 2016
ORDER
This petition has been filed by the petitioner seeking transfer of O.P.316/2016 of Family Court, Thiruvalla to Family Court, Malappuram under Section 24 of the Code of Civil Procedure.
appear.
petitioner who argued in support of his petition.
Tr.P.(C)No.467 of 2016
2
are wife and husband and a female child was born to them in that wedlock. According to the petitioner now she is residing along with her parents at Kadungappuram in Malappuram district. The respondent filed O.P.316/2016 for restitution of conjugal rights before Family Court, Thiruvalla. The petitioner is without any employment and she is depending on her parents for her livelihood and for her child. Asking such a lady to go to Thiruvalla to conduct the case will cause unnecessary hardship to 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.316/2016 of Family Court, Thiruvalla to Family Court, Malappuram for disposal.
So the application is allowed and O.P.316/2016 of Family Court, Thiruvalla is withdrawn and transferred to Family Court, Malappuram for disposal. The Family Court, Thiruvalla is directed to transmit the records to Family Court, Malappuram, immediately.
Registry is directed to communicate this order to both the courts immediately.
Sd/- (K. Ramakrishnan, Judge)
//True Copy//
P.A. to Judge
ss
1 issue framed by the court
Whether the Family Court Thiruvalla wherein restitution of conjugal rights proceedings are pending should transfer to Family Court Malappuram.
1 provisions across 1 enactments
Jiji Parameswaran
Sunesh K.G.
K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
