Allowed

Divya v. Anoop Prasad

Kerala HC16 Nov 2016Tr.P(C)/481/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a transfer petition to move a restitution of conjugal rights case and another pending divorce-related matter from the Family Court, Thrissur, to the Family Court, Ernakulam. The transfer was approved to facilitate counsel-mediated settlement and avoid the hardship on the petitioner, who resides in Ernakulam.

What did the court decide?

Transfer of O.P. No. 1029/2016 and O.P. No. 1209/2016 from the Family Court, Thrissur, to the Family Court, Ernakulam alongside O.P. No. 1005/2016.

Divya Vs Anoop Prasad — 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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WEDNESDAY, THE 16TH DAY OF NOVEMBER 2016/25TH KARTHIKA, 1938

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Tr.P(C).No. 481 of 2016

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TO TRANSFER O.P.NO. 1209/2016 OF FAMILY COURT, THRISSUR TO BE HEAD ALONG WITH O.P.NO. 1005/2016 OF FAMILY COURT, ERNAKULAM

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PETITIONER(S) :

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DIVYA,

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D/O. SASIDHARAN T.S., AGED 30 YEARS, RESIDING AT THAIPARAMBIL HOUSE, KAUSHTHUBHAM, PUKKATTUPADY DESOM, EDATHALA P.O. ALUVA, ERNAKULAM- 683 561.

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BY ADV. SRI.DENIZEN KOMATH

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RESPONDENT(S) :

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ANOOP P.PRASAD, S/O. M.K.PRASAD, AGED 35 YEARS, RESIDING AT MAPRANATH HOUSE, SREYAS, ROASE GARDENS, THIRUVAMBADY P.O, THRISSUR- 680 022.

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BY ADVS. SRI.SANTHOSH P.PODUVAL

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SMT.R.RAJITHA SMT.VINAYA V.NAIR

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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Tr.P(C).No. 481 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE A1: TRUE PHOTOCOPY OF THE PETITION FOR DISSOLUTION OF MARRIAGE FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM AS O.P.NO. 1005/2016.

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ANNEXURE A2: TRUE PHOTOCOPY OF THE PETITIONER PREFERRED BY THE RESPONDENT BEFORE THE FAMILY COURT, THRISSUR AS O.P.NO. 1209/2016.

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RESPONDENT(S)' ANNEXURES :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd.

K. RAMAKRISHNAN, J.

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....................................... Tr.P.(C)No.481 of 2016

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........................................ Dated this the 16^th day of November, 2016.

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O R D E R

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This is a petition field by the petitioner seeking transfer of OP.No.1209/2016 pending before the Family Court, Thrissur to the Family Court, Ernakulam under section 24 of the Code of Civil Procedure.

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It is alleged in the petition that the petitioner is the wife of the respondent whose marriage was solemnized on 17.8.2008. They were living together as husband and wife till 12.4.2016. A child was born to them in that wedlock. Due to some difference of opinion, now they are residing separately. The petitioner filed OP.No.1005/2016 before the Family Court, Ernakulam for dissolution of marriage and the respondent is appearing in that case. The respondent filed OP.No.1209/2016 before the Family Court, Thrissur for restitution o conjugal rights. The petitioner is now working at Bangalore and she is a permanent resident of Ernakulam. It is difficult for her to go to Thrissur to conduct the case. So she prays for transfer of OP.No.1209/2016 from the Family Court, Thrissur to the Family Court, Ernakuam. Hence this petition.

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When the petition came up for hearing today, counsel for the respondent submitted that he has no objection in transferring the case to the Family Court, Ernakulam as another case is

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Tr.P.(C)No.481 of 2016 2

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pending and counselling and mediation is going on in the Family Court, Ernakulam. So it will be convenient for both the parties to conduct the case in one court.

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Heard Sri. Denizen Komath, learned counsel appearing for the petitioner and Sri.Santhosh Poduval, learned counsel appearing for the respondent.

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Considering the fact that there is another case pending before the Family Court, Ernakulam and the respondent entered appearance and counselling and meditation process are going on, this court feels that if the case pending before the Family Court, Thrissur namely OP.No.1029/2016 is also transferred to the Family Court, Ernakulam, no hardship will be caused to the respondent and it will be convenient for both the parties to conduct the case from one court. So this court is also of the opinion that the case pending before the Family Court,Thrissur will have to be transferred to the Family Court, Ernakulam to be tried along with the case pending before that court.

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So the petition is allowed. O.P.No.1029/2016 pending before the Family Court, Thrissur is withdrawn and transferred to the Family Court, Ernakulam to be tried along with OP.No.1005/2016 pending before that court. Both the counsel submitted that since the case is now posted to 29.11.2016 for further counselling, if that date is fixed for appearance of the parties, both the parties will

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Tr.P.(C)No.481 of 2016 3 appear on that date. So parties are directed to appear before the Family Court, Ernakulam on 29.11.2016. The Family Court, Thrissur is directed to transmit the records to the Family Court, Ernakulam immediately.

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

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Sd/K. RAMAKRISHNAN, JUDGE.

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Divya v. Anoop Prasad

Case brief

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Divya v. Anoop Prasad

Case brief

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