Allowed

Aneesa v. Dileep

Kerala HC9 Dec 2016Tr.P(C)/604/2016

Case brief

AI extract

What is this about?

The Kerala High Court allowed a transfer petition seeking to move a disputed matrimonial case from the Family Court, Alappuzha to the Family Court, Mavelikkara. The court held that transferring the case to Mavelikkara, where connected maintenance and property cases are pending, would avoid hardship to the wife and ensure justice, ordering the immediate transmission of records.

What did the court decide?

Op. No. 683/2016 pending before the Family Court, Alappuzha is withdrawn and transferred to the Family Court, Mavelikkara for disposal along with other connected cases.

Aneesa Vs Dileep — Child Custody and Guardianship | 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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FRIDAY, THE 9TH DAY OF DECEMBER 2016/18TH AGRAHAYANA, 1938

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Tr.P(C).No. 604 of 2016

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OP 683/2016 OF FAMILY COURT, ALAPPUZHA

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PETITIONER(S)/COUNTER PETITIONERS.:

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1. ANEESA, AGED 27 YEARS, D/O. ABDUL KADER, 6/35, ANEESA MANZIL, KARUVATTA NORTH, KARUVATTA, ALAPPUZHA DISTRICT, PIN- 690 517.

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2. RAMIATH, AGED 48 YEARS, W/O. ABDUL KADER, 6/35, ANEESA MANZIL, KARUVATTA NORTH, KARUVATTA, ALAPPUZHA DISTRICT. PIN- 690 517.

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3. ABDUL KHADER, AGED 55 YEARS, 6/35, ANEESA MANZIL, KARUVATTA NORTH, KARUVATTA, ALAPPUZHA DISTRICT. PIN- 690 517. 4. ANSIL, AGED 30 YEARS, 6/35, ANEESA MANZIL, KARUVATTA NORTH, KARUVATTA, ALAPPUZHA DISTRICT. PIN- 690 517.

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BY ADVS.SRI.V.MADHUSUDHANAN SRI.S.SANKARAN THAMPI SRI.S.MAHESWARAN THAMPY

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RESPONDENT(S)/PETITIONER:

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DILEEP, AGED 30 YEARS, S/O. MUHAMMED HASSAN, THADIKAL VEEDU, KALLATHU, AVALUKKUNU P.O., ALAPPUZHA DISTRICT.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 604 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1: TRUE COPY OF MC.NO.81/16 FILED BY THE 1ST PETITIONER BEFORE THE FAMILY COURT MAVELIKKARA. ANNEXURE AII: TRUE COPY OF OP.NO.769/16 FILED BY THE 1ST PETITIONER BEFORE THE FAMILY COURT, MAVELIKKARA ANNEXURE AIII: TRUE COPY OF OP.NO.683/16 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, ALAPPUZHA.

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RESPONDENT(S)' ANNEXURES

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NIL. / TRUE COPY / P.S. TO JUDGE

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K.RAMAKRISHNAN, J.

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Tr.P.(C)No.604 of 2016

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Dated this the 9^th day of December, 2016

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ORDER

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This petition has been filed by the petitioner seeking transfer of O.P.No.683/2016 pending before the Family Court, Alappuzha to Family Court, Mavelikkara under section 24 of the Code of Civil Procedure.

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It is alleged in the petition that the marriage between the first petitioner and respondent was solemnised on 23.09.2012 at Karuvatta and they lived together as husband and wife for some time and a female child was born to them in that wedlock. Due to some difference of opinion between them, they are now residing separately. The petitioner is now residing along with her parents at Neryamangalam in Memmury post. The child is with the mother. The petitioners 2 to 4 are the parents and brother of the first petitioner. First petitioner filed M.C.81/2016 before the Family Court, Mavelikkara for maintenance. She also filed O.P.769/2016 before the same Court, for return of gold ornaments and other reliefs. Respondent entered appearance in those cases. It is thereafter that the respondent filed O.P.683/2016 before the Family Court, Alappuzha for restitution of conjugal rights and custody of the child impleading all the petitioners in order to harass them. She is finding it difficult to go to Alappuzha to

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Tr.P.(C)No.604 of 2016

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conduct the case. If the case is transferred to Mavelikkara no hardship will be caused to him as he is appearing in two other cases pending before that court. Hence the petition.

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Though notice was served on the respondent, he did not appear. Heard Sri.V.Madhusudhanan, counsel appearing for the petitioner.

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The factum of marriage and paternity of the child is not in dispute. It is also not in dispute that two other cases are pending before Family Court, Mavelikkara as M.C.81/20106 in O.P.769/2016, both filed by the petitioner against the respondent and he is appearing in those cases. It is thereafter that the respondent filed O.P.683/2016 before Family Court, Alappuzha against the petitioners. Since the respondent is appearing in two other cases in Family Court, Mavelikkara, if this case is also transferred to that court no hardship will be caused to him. Further the first petitioner is without employment, she had filed an application for maintenance for herself and the child. So under such circumstances, asking her to go to Alappuzha to conduct the case will cause unnecessary hardship to her. It is settled law that the place of residence of the wife will have to be considered while considering the question of transfer of matrimonial disputes from one Family Court to another. So under such

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Tr.P.(C)No.604 of 2016

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circumstances, this court feels that it is necessary in the interest of justice to transfer O.P.683/2016 pending before the Family Court, Alappuzha to Family Court, Mavelikkara for disposal along with other connected cases pending before that court.

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So the petition is allowed and O.P.683/2016 pending before the Family Court, Alappuzha is withdrawn and transferred to Family Court, Mavelikkara. The Family Court, Alappuzha is directed to transmit the records to Family Court, Mavelikkara, immediately.

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With the above direction and observation, the petition is disposed of.

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

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Sd/- (K. Ramakrishnan, Judge)

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//True Copy//

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P.A. to Judge

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Aneesa v. Dileep

Case brief

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Aneesa v. Dileep

Case brief

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