Allowed

Josna v. Anand George

Kerala HC29 Nov 2016Tr.P(C)/489/2016

Case brief

AI extract

What is this about?

In this transfer petition under Section 24 CPC, the High Court of Kerala allowed the transfer of a divorce petition (O.P.268/2016) from the Family Court, Kozhikode, to the Family Court, Thiruvananthapuram. The court considered the plaintiff wife's lack of employment, advanced age of parents, and the considerable distance involved in traveling to Kozhikode.

What did the court decide?

Transfer of O.P. 268/2016 from Family Court, Kozhikode to Family Court, Thiruvananthapuram; records to be transmitted immediately.

Josna Vs Anand George — Civil Procedure and Limitation | 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 29TH DAY OF NOVEMBER 2016/8TH AGRAHAYANA, 1938

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Tr.P(C).No. 489 of 2016

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OP 268/2016 OF FAMILY COURT, KOZHIKODE

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PETITIONER(S)/RESPONDENT :

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JOSNA, AGED 26, D/O. JOSE, SANJAYATHIL HOUSE, KAIRALI NAGAR, MANNATHALA P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.SAJU J PANICKER

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RESPONDENT(S)/PETITIONER :

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ANAND GEORGE, AGED 33, S/O. GEORGE, OVELIL HOUSE, MURAMBATHI P.O., KOZHIKODE-676501.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 489 of 2016 -----------------------

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APPENDIX

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PETITIONERS' ANNEXURES ----------------------

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ANNEXURE A1: COPY OF THE PETITION IN OP.268/2016 FILED BEFORE THE FAMILY COURT, KOZHIKODE. RESPONDENTS' ANNEXURE --------------------NIL. / TRUE COPY / P.S. TO JUDGE

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K.RAMAKRISHNAN, J.

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Tr.P.(C)No.489 of 2016

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Dated this the 29^th day of November, 2016

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ORDER

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This petition has been filed by the petitioner seeking transfer of O.P.268/2016 of Family Court, Kozhikode to Family Court, Thiruvananthapuram 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 solemnised on 14.07.2012 and thereafter they were living together as husband and wife. The petitioner is studying for her M.Tech Course in SCMS Engineering College, Ernakulam. Respondent was working at Airport, Kozhikode at the time of marriage. After sometime, their relationship strained and she had to leave the matrimonial home and is now staying along with her parents in Thiruvananthapuram. Respondent filed O.P.268/2016 before the Family court, Kozhikode for divorce. The petitioner is finding it difficult to go to Kozhikode to conduct the case which is 420 kilometers away from her place of residence. The parents are having health problem and it is difficult for them to accompany her to go to Kozhikode to conduct the case. So the petitioner prays for transfer of the case to Family Court, Thiruvananthapuram. Hence the petition.

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Though notice was served on the respondent, he remained

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absent.

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Tr.P.(C)No.489 of 2016

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Heard Sri.Saju J. Panicker, counsel appearing for the petitioner who argued in support of his case in the petition.

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It is an admitted fact that the marriage between the

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petitioner and respondent was solemnised on 14.07.2012 from Kozhikode and they lived together as husband and wife at Kozhikode. She was a studentin in an Engineering College at Ernakulam at the time of marriage. After sometime their relationship strained and now they are residing separately. She is residing along with her parents at Mannathala in Thiruvananthapuram district. The respondent filed O.P.268/2016 before the Family Court, Kozhikode for divorce. The petitioner is a lady finding difficult to go to Kozhikode which is more than 400 kilometers from her place of residence to conduct the case. Her parents are aged and there is none to accompany her to go to Kozhikode to conduct the case.

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Asking a lady without employment, depending on her parents to go to Kozhikode which is far away place from her place of residence will cause unnecessary hardship to her. Respondent being an employee in Airport, he can come to Thiruvananthapuram to conduct the case and no hardship will be caused to him. It is settled law that while considering the question of transfer of matrimonial cases, from one court to another the place of residence of the wife will have to be

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Tr.P.(C)No.489 of 2016

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considered. Under such circumstances, this court feels that it is necessary in the interest of justice to transfer O.P.268/2016 pending before the Family Court, Kozhikode to Family Court, Thiruvananthapuram for disposal.

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So the petition is allowed and O.P.268/2016 pending before the Family Court, Kozhikode is withdrawn and transferred to Family Court, Thiruvananthapuram. The Family Court, Kozhikode is directed to transmit the records to Family Court, Thiruvananthapuram, immediately.

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

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Sd/- (K. Ramakrishnan, Judge)

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//True Copy//

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P.A. to Judge

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Josna v. Anand George

Case brief

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Josna v. Anand George

Case brief

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