Allowed

Lathakumari v. Girish Kumar

Kerala HC21 Nov 2016Tr.P(C)/607/2015

Case brief

AI extract

What is this about?

A transfer petition was filed to move a restitution of conjugal rights suit from the Family Court, Kozhikode, to the Family Court at Chavara. The court granted the transfer considering the petitioner's residence, the respondents ongoing work and contesting proceedings in nearby jurisdictions, and finding a larger hardship for the petitioner to travel to Kozhikode.

What did the court decide?

O.P. No. 195/2015 pending before the Family Court, Kozhikode is withdrawn and transferred to the Family Court at Chavara.

Lathakumari Vs Girish Kumar — 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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MONDAY, THE 21ST DAY OF NOVEMBER 2016/30TH KARTHIKA, 1938

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Tr.P(C).No. 607 of 2015

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OP 195/2015 OF FAMILY COURT,KOZHIKODE ----------------

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PETITIONER:

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LATHAKUMARI, AGED 49 YEARS, W/O SRI. GIREESH KUMAR, RESIDING AT KARTHIKA, KIZHEKKURIMURIYIL, VADAKUMTHALA VILLAGE, KARUNAGAPALLY, KOLLAM-690518.

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BY ADVS.SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN SMT.B.BINDU SMT.NIMMY JOHNSON

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RESPONDENT:

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GIRISH KUMAR, AGED 49 YEARS, S/O SRI. NARAYANAN, RESIDING AT MYLAPPARAMBU VEEDU, VELLIPARAMBU P.O. KUTTIKATTUR VILLAGE, KOZHIKODE-673008, NOW RESIDING AT 'KARTHIKA', KIZHEKKURIMURIYIL, VADAKUMTHALA VILLAGT, KARUNAGAPALLY, KOLLAM-690518.

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BY ADV. SRI.P.SIVARAJ

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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TR.PC NO 607 OF 2015:

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APPENDIX

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PETITIONERS ANNEXURES:

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A1: COPY OF M.C.FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1,KARUNAGAPPALLY.

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A2: COPY.OF O.P NO 195 OF 205 FILED BEFORE THE FAMILY COURT,KOZHIKODE.

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RESPONDENTS ANNEXURES:

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R1: COPY OF DISCHARGE SUMMARY ISSUED BY THE DEPARTMENT OF CARDIAC SURGERY OF TRAVANCORE HEART INSTITUTE, KOLLAM .

/TRUE COPY/

P.A.TO JUDGE

K.V.

K.RAMAKRISHNAN, J.

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Tr.P.(C) No.607 of 2015

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Dated this the 21^st day of November, 2016

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ORDER

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This petition has been filed by the petitioner seeking transfer of O.P.195/2015 pending before Family Court, Kozhikode to Family Court, Kollam at Chavara 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 solemnised on 08.11.1993 and two children were born to them in that wedlock. After sometime their relationship strained and they are now residing separately. Petitioner filed C.M.P.No.10147/2013 pending before the Judicial First Class Magistrate Court, Karunagappally under the provisions of the Protection of Women from Domestic Violence Act, 2005 and the respondent entered appearance and he is conducting the same. After

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two years of initiating that proceedings, respondent filed O.P.195/2015 against the petitioner before the Family Court, Kozhikode for restitution of conjugal rights. The petitioner is working as Clerk (Typist) at KMML, Titanium Unit, Chavara and the respondent is working as a staff in United Electrical Industries Limited, Kollam. If the case is transferred to Family Court, Chavara, no hardship will be caused to both the parties. So the petitioner prays transfer of the case

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Tr.P.(C) No.607 of 2015

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to Family Court, Kollam at Chavara.

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Heard Sri.C.S.Dias, counsel appearing for the petitioner and Sri.Sivraj counsel appearing for the respondent. The counsel appearing for the petitioner argued in support of his case in the petition.

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On the other hand, the counsel for the respondent submitted that the respondent is suffering from severe heart disease and it is difficult for him to travel long distance.

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It is an admitted fact that the marriage between the petitioner and the respondent was solemnised in the year 1993 and two children were born to them in that wedlock and after sometime the relationship strained and they are now residing separately. It is in away admitted that the petitioner filed a complaint under the provisions of the Protection of Women from Domestic Violence Act, 2005 before the Judicial First Class Magistrate Court-I, Karunagappally evidenced by Annexure-I in the year, 2013 and respondent was appearing and contesting the case. It is two years thereafter that the respondent filed O.P.195/2015 before the Family Court, Kozhikode for restitution of conjugal rights. Admittedly both were working at Chavara and Kollam respectively. The respondent had no case that he had resigned his job and permanently settled in Kozhikode. Asking a lady

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Tr.P.(C) No.607 of 2015

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to go to Kozhikode to conduct the case will cause unnecessary hardship to her, especially when the respondent is contesting a case in Karunagappally and he is working in Kollam. Under such circumstances, this court feels that it is necessary in the interest of justice to transfer O.P.195/2015 pending before the Family Court, Kozhikode to Family Court, Chavara for disposal. So the application is allowed and O.P.195/2015 pending before the Family Court, Kozhikode is withdrawn and transferred to Family Court, Chavara for disposal. The Family Court, Kozhikode is directed to transmit the records to Family Court, Chavara immediately.

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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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Lathakumari v. Girish Kumar

Case brief

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Lathakumari v. Girish Kumar

Case brief

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