Allowed

Dibeesh K. v. Dijina M.

Kerala HC7 Dec 2016Tr.P(C)/596/2016

Case brief

AI extract

What is this about?

In a transfer petition under Section 24 CPC, the High Court of Kerala allowed the transfer of a dissolution of marriage petition from Family Court, Kozhikode to Family Court, Vatakara to facilitate consolidated trial with related pending cases filed by the respondent.

What did the court decide?

O.P. 183/2016 pending before Family Court, Kozhikode is withdrawn and transferred to Family Court, Vatakara for disposal, with direction to transmit records.

Dibeesh K. Vs Dijina M. — 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 7TH DAY OF DECEMBER 2016/16TH AGRAHAYANA, 1938

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Tr.P(C).No. 596 of 2016

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OP 183/2016 OF FAMILY COURT, KOZHIKODE

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PETITIONER(S)/PETITIONER :

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DIBEESH K., AGED 36 YEARS, S/O. UNNIKIDAVU, KUZHIKKATTU HOUSE, NANMANDA P.O., KOZHIKODE-673 613.

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BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP

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RESPONDENT(S)/RESPONDENT :

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DIJINA M.

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AGED 30 YEARS, D/O. DINESH KURUPPU, 'SREEDHI NILAYAM', MATHOOR HOUSE, KUTTAITHAZHAM, CHORODU, VATAKARA, KOZHIKODE-673 106, MENTALLY ILL RESPONDENT REPRESENTED BY GUARDIAN DINESH KURUPPU, 'SREEDHI NILAYAM', MATHOOR HOUSE, KUTTAITHAZHAM, CHORODU, VATAKARA, KOZHIKODE-673 106.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 596 of 2016

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APPENDIX

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PETITIONERS' ANNEXURES

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ANNEXURES A: COPY OF THE PETITION FILED BY HE PETITIONER AGAINST THE RESPONDENT DATED 27/2/16 WHICH IS NOW PENDING AS OP.183/16 ON THE FILE OF FAMILY COURT, KOZHIKODE.

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ANNEXURE B: COPY OF THE PETITION FILED BY THE RESPONDENT AS OP.249/16 ON THE FILE OF FAMILY COURT, VATAKARA, DATED 6/5/16

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ANNEXURE C: COPY OF THE PETITION FILED BY THE RESPONDENT AS OP.332/16 ON THE FILE OF FAMILY COURT, VATAKARA MAY 2016.

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RESPONDENTS' ANNEXURE

NIL.

/ TRUE COPY /

P.S. TO JUDGE

K. RAMAKRISHNAN, J.

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....................................... Tr.P.(C).No.596 of 2016

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........................................ Dated this the 7^th day of December, 2016.

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O R D E R

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This is a petition filed by the husband seeking transfer of OP.No.183/2016 pending before the Family Court, Kozhikode to the Family Court, Vatakara 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 the respondent was solemnized on 10.11.2012 and thereafter their relationship strained. Now they are residing separately. The petitioner filed OP.No.183/2016 before the Family Court, Kozhikode for dissolution of marriage on the ground of mental illness of the respondent. The respondent filed two cases namely OP.Nos.332/2016 and 249/2016 and those cases are pending before the Family Court, Vatakara. So in order to have a consolidated trial of all the cases in one court, the petitioner wants the case a filed by him to be transferred to the Family Court, Vatakara. Hence the petition.

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Though notice was served on the respondent, she did not appear.

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Heard Sri. P.V. Kunhikrishnan, learned counsel appearing for the petitioner, who argued in support of his case in the petition.

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Tr.P.(C).No.596 of 2016

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This petition has been filed by the petitioner, who is the husband, seeking transfer of OP.No.183/2016 pending before the Family Court, Kozhikode filed by him for dissolution of marriage on the ground of mental illness of the respondent wife. He had also mentioned in the same petition that two cases filed by the respondent wife namely OP.Nos.249/2016 and 332/2016 are pending before the Family Court, Vatakara. So he wants this case also to be transferred to the Family Court, Kozhikode.

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Since the petitioner himself came before this court to transfer the case to the Family Court, Vatakara considering the convenience of the wife and also considering the fact that two other cases pending before the Family Court, Vatakara between them, this court feels that it is necessary in the interest of justice to transfer OP.No.183/2016 pending before the Family Court, Kozhikode to the Family Court, Vatakara for disposal.

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So the petition is allowed. O.P.No.183/2016 pending before the Family Court, Kozhikode is withdrawn and transferred to the Family Court, Vatakara for disposal. The Family Court, Kozhikode is directed to transmit the records to the Family Court, Vatakara at the earliest.

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Registry is directed to communicate a copy of this order to both the courts immediately. Sd/-

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K. RAMAKRISHNAN, JUDGE.

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Dibeesh K. v. Dijina M.

Case brief

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Dibeesh K. v. Dijina M.

Case brief

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