Transfer petition filed to shift an OPC filed for restitution of conjugal rights from Family Court Thrissur to Family Court Ottappalam to avoid hardship on the wife and consolidate pending proceedings, involving transfer of records under Section 24 CPC.
O.P.1257/2016 transferred from Family Court Thrissur to Family Court Ottappalam; records transmitted immediately.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 29TH DAY OF NOVEMBER 2016/8TH AGRAHAYANA, 1938
Tr.P(C).No. 564 of 2016 ------------------------OP 1257/2016 of FAMILY COURT,THRISSUR ---------------
PETITIONER:
VASANTHAKUMARI,
D/O MUTHALU, KUMBARAMKUNDIL P.O, PALAPPURAM, OTTAPALAM TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.P.JAYARAM
RESPONDENT:
RAJAN, S/O CHINNAPPAN, CHERUKUNNATHU VEEDU, VELLARAKKAD P.O, PATHRAMANGALAM DESOM, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN 680 584.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
TPC NO 564 OF 2016:
APPENDIX
PETITIONERS ANNEXURES:
ANNEXURE A1: COPY OF OP NO 1257/2016 ON THE FILES OF FAMILY COURT,THRISSUR. ANNEXURE A2: COPY OF O.P NO 516/2016 ON THE FILES OF FAMILY ` COURT,OTTAPALAM.
RESPONDENTS ANNEXURES: NIL
/TRUE COPY/
P.A.TO JUDGE
K.V.
K.RAMAKRISHNAN, J.
Tr.P.(C)No.564 of 2016
Dated this the 29th day of November, 2016
ORDER
This petition has been filed by the petitioner seeking transfer of O.P.1257/2016 of Family Court, Thrissur to Family Court, Ottappalam under Section 24 of the Code of Civil Procedure.
Tr.P.(C)No.564 of 2016
2
Court, Ottappalam. Hence this petition.
absent.
Tr.P.(C)No.564 of 2016
3
O.P.1257/2016 pending before the Family Court, Thrissur to Family Court, Ottapppalam to be disposed of along with other connected cases pending between the parties.
So the petition is allowed and O.P.1257/2016 pending before the Family Court, Thrissur is withdrawn and transferred to Family Court, Ottappalam for disposal. The Family Court, Thrissur is directed to transmit the records to Family Court, Ottappalam immediately.
Registry is directed to communicate this order to both the courts immediately.
Sd/- (K. Ramakrishnan, Judge)
//True Copy//
P.A. to Judge
ss
3 issues framed by the court
Whether the Family Court, Thrissur should transfer the petition for restitution of conjugal rights to the Family Court, Ottappalam in the interest of justice.
Whether the hardship faced by the wife in travelling to conduct the case justifies the transfer of jurisdiction.
Whether the existence of a pending case between the parties at the Family Court, Ottappalam necessitates consolidation of pending matters.
Vasanthakumari
Rajan
K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
