Allowed

Manjula M. v. Shibu

Kerala HC20 Sept 2016Tr.P(C)/546/2015

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a transfer petition, ordering the Family Court, Thrissur to transfer O.P. No. 909 of 2015 for divorce to Family Court, Palakkad. This ensures the petitioner, an employed woman residing at Palakkad, can conveniently contest the proceedings filed by her husband against her.

What did the court decide?

The transfer application is allowed; O.P. No. 909 of 2015 is withdrawn from Thrissur and transferred to Palakkad.

Manjula M. Vs Shibu — 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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TUESDAY, THE 20TH DAY OF SEPTEMBER 2016/29TH BHADRA, 1938

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TR.P(C).NO. 546 OF 2015 ()

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OP 909/2015 OF FAMILY COURT, PALAKKAD

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PETITIONER/1ST RESPONDENT:

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MANJULA M.,

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D/O.MINJAN CHETTIYAR, MAVUKKADU VEEDU, PERUVEMBA P.O., PALAKKAD.

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BY ADVS.SRI.SAJAN VARGHEESE K.

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SRI.LIJU. M.P

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RESPONDENT(S)/PETITIONER & 2ND RESPONDENT:

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1. SHIBU, AGED 34,

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S/O.PERUMAL CHETTIYAR, VIJAYA NIVAS, AAKKAPPARAMBU STREET, THIRUVILWAMALA.P.O., THRISSUR-680 588.

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2. GANESHAN

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S/O.MARAYAN CHETTIYAR, AAKKAPPARAMBU STREET, THIRUVILWAMALA.P.O., THRISSUR-680 588.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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TR.P(C).NO. 546 OF 2015

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PETITIONERS EXHIBITS:

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ANNEXURE A:COPY OF THE PETITION IN O.P. NO.909/2015 ON THE FILE OF FAMILY COURT, THRISSUR.

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ANNEXURE B:COPY OF THE COMPLAINT IN MC NO.272/2014 ON THE FILE OF FAMILY COURT, PALAKKAD.

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RESPONDENTS EXHIBITS: NIL

/TRUE COPY/

P.A. TO JUDGE

SKV

K.RAMAKRISHNAN, J.

====================== Transfer Petition (Civil) No.546 of 2015

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=======================

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Dated this the 20^th day of September, 2016

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ORDER

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This application is filed by the petitioner seeking transfer of O.P. No.909 of 2015 on the file of the Family Court, Thrissur to Family Court, Palakkad under Section 24 of the Code of Civil Procedure.

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It is alleged in the petition that the marriage between the petitioner and 1^st respondent was solemnized on 12.09.2010, at Bhagavathy Temple, Peruvamba, Palakkad. After some time, their relationship strained and the petitioner had to leave the matrimonial home and now residing with her parents at Palakkad. She filed Annexure B petition for maintenance as M.C. No.272 of 2014 before Family Court, Palakkad claiming maintenance from 1^st respondent under Section 125 of the Code of Criminal Procedure and he is appearing and contesting case there.

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The respondent herein filed O.P. 909 of 2015 produced as Annexure A for divorce on the ground of adultery, impleading the 2^nd respondent as a party to the proceedings at Family Court, Palakkad. The petitioner is without any employment and she is

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Transfer Petition (Civil) No.546 of 2015 -2-

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finding it difficult to go to Thrissur to contest the case. So the petitioner has no other remedy except to approach this Court for transfer the case. Hence this petition.

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Though notice was served on the respondents none appeared for respondents. Heard Shri. Liju M.P. Counsel appearing for the petitioner. He argued in support of this case.

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It is an admitted fact that the marriage between the petitioner and 1^st respondent was solemnized on 12.09.2010 in Peruvamba in Palakkad. They residing together for some time and thereafter, the petitioner had to leave the matrimonial home on account of the cruelty met by her at the hands of the 1^st respondent and his relatives. Now she is residing with her parents

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at Palakkad. She is without any employment. So she filed Annexure B petition for maintenance as M.C.No.272 of 2014 before the Family Court Palakkad against the 1^st respondent that is pending here. In the meantime, first respondent filed Annexure A, O.P.No.909 of 2015 for divorce before Family Court, Thrissur, impleading the petitioner and 2^nd respondent. as respondents alleging adultery as a ground for divorce with false allegations. The 2^nd respondent is none other than her brother in law. Since the petitioner is without any employment and depending on her

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Transfer Petition (Civil) No.546 of 2015 -3-

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parents for her livelihood, asking her to go to Thrissur to contest the case will cause unnecessary hardship. Since the 1^st respondent is contesting a case from Palakkad Court which is filed

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by the petitioner herein, no difficulty will be caused to him, if this case is also transferred to Palakkad. So this Court feels that it is necessary in the interest of justice to transfer O.P.No. 909 of 2015 of Family Court, Thrissur to Family Court Palakkad.

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So the application is allowed and O.P. No.909 of 2015 of Family Court, Thrissur is withdrawn and transfer to Family Court, Palakkad for disposal. The Family Court Thrissur is directed to transmit the records to Family court, Palakkad immediately.

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

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K.RAMAKRISHNAN, JUDGE

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SKV

Manjula M. v. Shibu

Case brief

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Manjula M. v. Shibu

Case brief

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