Allowed

Sangeetha v. Rajeev

Kerala HC13 Jul 2016Tr.P(C)/529/2015

Case brief

AI extract

What is this about?

Transfer petition filed by a wife seeking transfer of her husband's custody petition from Family Court, Thrissur to Family Court, Irinjalakuda due to travel inconvenience. The Single Judge relied on Supreme Court precedents regarding wife's convenience and allowed the transfer of the originating petition.

What did the court decide?

Transfer of O.P. No. 1275/2015 from Family Court, Thrissur to Family Court, Irinjalakuda.

Sangeetha Vs Rajeev — Service and Employment | 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.HARILAL

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WEDNESDAY, THE 13TH DAY OF JULY 2016/22ND ASHADHA, 1938

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Tr.P(C).No. 529 of 2015 ()

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--------------------------TO TRANSFER O.P. NO. 1275/2015 OF FAMILY COURT, THRISSUR TO FAMILY COURT, IRINJALAKKUDA.

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PETITIONER(S):

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SANGEETHA, AGED 27 YEARS, D/O. THILAKAN, NOCHIVALAPPIL HOUSE, KOPRAKALAM DESOM, MANAKULANGARA. P.O., KODAKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

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BY ADVS.SRI.G.SREEKUMAR (CHELUR), SRI.N.L.BITTO.

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RESPONDENT(S):

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RAJEEV, AGED 36 YEARS, S/O.GOPI, KARAPPAMPARAMBIL HOUSE, VELAPPAYA DESOM, VELAYYAYA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT-680 001.

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BY ADV. SRI.DILIP J. AKKARA.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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Tr.P(C).No. 529 of 2015

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APPENDIX

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PETITIONER'S ANNEXURES:-

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ANNEXURE I COPY OF THE MC. NO.170/2015 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, IRINJALAKKUDA DATED 15/09/2015. ANNEXURE II COPY OF THE I.A.3896/2015 IN O.P. NO. 1275/2015 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THRISSUR DATED 01/09/2015.

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RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

K.HARILAL, J.

Tr.P.(C). No.529 of 2015

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Dated this the 13^th day of July, 2016

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The petitioner herein is the wife of the respondent. Their marital relationship has become strained and culminated in legal proceedings before different Family Courts. The petitioner filed M.C.No.170/2015 before the Family Court, Irinjalakuda for maintenance allowance to her and the child. The respondent filed O.P.No.1275/2015 for the custody of the child before the Family Court, Thrissur. According to the petitioner, she is residing at Kotakara and she finds it very difficult to travel more than 50 Kms to reach Trissur so as to contest O.P.No.1275/2015 before the Family Court, Thrissur. So also, there is nobody in her family to accompany her to Thrissur for contesting the case. Hence she prayed for an order transferring O.P.No.1275/2015 of the Family

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Court, Thrissur to the Family Court, Irinjalakuda.

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Heard both sides.

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In Mangala Patil Kale v. Sanjeev Kumar Kale

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Tr.P(C).529/15 -2-

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[2003 (10) SCC 280], the Apex Court held that in the matter of transferring family court cases, the convenience of the wife must be given preference. In Amita Shah v. Virenderlal Shah [2003 (10) SCC 609], the Apex Court again held that wife’s lack of companionship to travel to Family Court is a sufficient reason to transfer the case to a court near the house of the wife.

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Having regard to the inconvenience of the petitioner in conducting the case before the Family Court, Thrissur, in the light of the decisions referred above, this Court is inclined to allow the petition as prayed for. Consequently, O.P.No.1275/2015 on the files of the Family Court, Thrissur will stand transferred to the Family Court, Irinjalakuda. The Family Court, Irinjalakuda shall issue notice intimating the date of appearance to both parties.

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This Transfer Petition is allowed.

Sd/K.HARILAL, Judge.

okb

// True copy //

P.A. to Judge

Sangeetha v. Rajeev

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Sangeetha v. Rajeev

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