Allowed

Radhika v. Dr.Baburaj

Kerala HC23 Nov 2016Tr.P(C)/515/2016

Case brief

AI extract

What is this about?

This civil transfer petition sought the transfer of a divorce case (O.P. No.1104/2016) from Thrissur to Thiruvananthapuram. The court allowed the transfer based on the wife's permanent residence and the difficulty faced by her elderly power of attorney in appearing in Thrissur.

What did the court decide?

O.P. No.1104/2016 pending before the Family Court, Thrissur was withdrawn and transferred to the Family Court, Thiruvananthapuram for disposal.

Radhika Vs Dr.Baburaj — 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 23RD DAY OF NOVEMBER 2016/2ND AGRAHAYANA, 1938

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Tr.P(C).No. 515 of 2016

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TO TRANSFER O.P.NO. 1104/2016 OF THE FAMILY COURT, THRISSUR TO THE FAMILY COURT, THIRUVANANTHAPURAM

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PETITIONER(S)/RESPONDENT/WIFE :

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RADHIKA, AGED 43 YEARS, D/O.BALAKRISHNAN, VASUDEVAVILASOM, AYURVEDA PHARMACY, EAST FORT, THIRUVANANTHAPURAM, REPRESENTED BY HER POWER OF ATTORNEY MR.BALAKRISHNAN UNNI, S/O.SUBRAMANIYAN UNNI, AGED 78 YEARS, "VASUDEVAVILASOM",AYURVEDA PHARMACY, EAST FORT, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT.

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BY ADVS. SMT.K.KUSUMAM SRI.K.KALESH

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RESPONDENT(S)/PETITIONER/HUSBAND :

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DR.BABURAJ, AGED 47 YEARS, S/O.LATE K.P.ACHUTHAN, "KARTHIKA", ATTOOR PISHARAM HOUSE, ATTOOR DESAM, MULLURKARA VILLAGE, THALAPPALLI TALUK, THRISSUR DISTRICT, PIN 680 583.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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Tr.P(C).No. 515 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE 1: THE TRUE COPY OF O.P.NO. 1104/2016 ON THE FILE OF THE HON'BLE FAMILY COURT, THRISSUR.

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ANNEXURE 2: THE TRUE COPY OF THE NOTICE RECEIVED BY THE PETITIONER IN THE SAID O.P.NO. 1104/2016 ON THE FILE OF THE HON'BLE FAMILY COURT, THRISSUR.

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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.515 of 2016

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........................................ Dated this the 23^rd day of November, 2016.

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O R D E R

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This is a petition filed by the petitioner seeking transfer of OP.No.1104/2016 pending before the Family Court, Thrissur to the 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 and their marriage was solemnized on 14.5.2007 from Guruvayoor temple and they resided together in his house at Mullurkara as well as in her house at Thiruvananthapuram intermittently. After some time, their relationship strained and they are now residing separately. The respondent had left the petitioner in her house at Thiruvananthapuram and left the place on 20.7.2008 and he did not come back. Thereafter he filed OP.No.1104/2016 before the Family Court, Thrissur for divorce making false allegations. The petitioner is a permanent resident of Thiruvananthapuram and now temporarily working at Kasaragod. So her case is being conducted by the power of attorney, her father, who is aged. It is difficult for her to go to Thrissur to conduct the case. So she prays for transfer of OP.No.1104/2016 pending before the Family Court, Thrissur to the Family Court, Thiruvananthapuram. Hence this petition.

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Though notice was served on the respondent, he did not

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Tr.P.(C).No.515 of 2016 2

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appear. Notice was served on the counsel also, he did not appear.

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Heard Sri.K.Kalesh, learned counsel appearing for the petitioner, who argued in support of his case.

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The fact that the marriage between the petitioner and the respondent was solemnized on 14.5.2007 at Guruvayoor temple is not in dispute. It is also not in dispute that from 20.7.2008 onwards they were residing separately. The petitioner is residing permanently at Thiruvananthapuram and she is now working at Kasaragod and residing there temporarily. The petition is filed through her power of attorney, the father, who is aged 78 years, She will have to be accompanied by somebody to go to Thrissur to conduct the case. The respondent is a doctor by profession. It is settled law that the place of residence of the wife will have to be considered while considering the question of transfer involving matrimonial disputes. So this court feels that it is necessary in the interest of justice to transfer OP.No.1104/2016 pending before the Family Court, Thrissur to the Family Court, Thiruvananthapuram for disposal.

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So this petition is allowed. OP.No.1104/2016 pending before the Family Court, Thrissur is withdrawn and transferred to the Family Court, Thiruvananthapuram for disposal. The Family Court, Thrissur is directed to transmit the records to the Family Court, Thiruvananthapuram at the earliest.

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Tr.P.(C).No.515 of 2016

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Registry is directed to communicate a copy of this order to

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both the courts immediately.

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Sd/-

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K. RAMAKRISHNAN, JUDGE.

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Radhika v. Dr.Baburaj

Case brief

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Radhika v. Dr.Baburaj

Case brief

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