Allowed

Archana M.A. v. Sathasivanpilla N.

Kerala HC2 Dec 2016Tr.P(C)/616/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a transfer petition to move Family Court cases from Tirur to Kannur. The respondent had no objection, and the petitioner resides in Kannur. The court directed expedited disposal upon completion of mediation. Parties were directed to appear on a future date.

What did the court decide?

Transfer of OP. Nos. 501/2015 and 500/2015 from Family Court, Tirur to Family Court, Kannur. Directed to expedite disposal after mediation. Parties directed to appear on 23.1.2017.

Archana M.A. Vs Sathasivanpilla N. — Matrimonial and Divorce | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

¶4

FRIDAY, THE 2ND DAY OF DECEMBER 2016/11TH AGRAHAYANA, 1938

¶5

Tr.P(C).No. 616 of 2016 -----------------------

¶6

OP 501/2015 OF FAMILY COURT, TIRUR

¶7

PETITIONER(S)/RESPONDENT.:

¶8

ARCHANA M.A. AGED 43, D/O AZEEZ, KAYLAS, KANNUR CITY PO, THAYYIL, KANNUR -670003.

¶9

BY ADVS.SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR

¶10

RESPONDENT(S)/PETITIONER.: --------------------------

¶11

SATHASIVANPILLA N. AGED 52, S/O P. NARAYANANPILLA, USMAN HOUSE, DEVADHIYAL PARAMB, THENHIPALAM AMSOM DESOM, THENHIPALAM PO, THIRURANGADI TALUK, MALAPPURAM DISTRICT-673636.

¶12

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-12-2016, ALONG WITH TPC. 617/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶13

¶14

Tr.P(C).No. 616 of 2016 -----------------------

¶15

APPENDIX

¶16

PETITIONERS' ANNEXURES ----------------------

¶17

ANNEXURE 1: COPY OF THE ORIGINAL PETITION IN OP.501/2015 ANNEXURE 2: COPY OF THE OP.500/2015 ON THE FILE OF FAMILY COURT, TIRUR. RESPONDENTS' ANNEXURE --------------------NIL. / TRUE COPY /

¶18

P.S. TO JUDGE

¶19

¶20

K. RAMAKRISHNAN, J.

¶21

....................................... Tr.P.(C).Nos.616 & 617 of 2016

¶22

........................................ Dated this the 2^nd day of December, 2016.

¶23

O R D E R

¶24

These petitions were filed by the wife against the husband for transfer of OP.Nos.501/2015 and 500/2015 both pending before the Family Court, Tirur to the Family Court, Kannur under Section 24 of the Code of Civil Procedure.

¶25

The common case of the petitioner in both these cases was that the respondent is the husband of the petitioner and their marriage was solemnized on 12.11.2008 at Kozhikode and thereafter they lived together as husband and wife and a boy child was born to them in that wedlock. After some time, their relationship strained and they are now residing separately. The petitioner is now residing along with her parents at Thayyil in Kannur district. The respondent filed OP.No.501/2015 for permanent custody of the child and OP.No.500/2015 for divorce and both these cases are pending before the Family Court, Tirur. She is finding it difficult to go to Family Court, Tirur to conduct the cases. So she wants transfer of these cases to the Family Court, Kannur where she is residing along with the child. Hence the petition.

¶26

When these petitions came up for hearing today as first hearing, the respondent appeared in person and submitted that he has no objection in transferring the cases but only wanted the

¶27

Tr.P.(C).Nos.616 & 617 of 2016 2

¶28

cases to be directed to be expedited by the Family Court, Kannur as he will have to travel Kannur to conduct the cases.

¶29

Heard Sri. Harish R. menon, learned counsel appearing for the petitioner, who argued in support of his case in the petition.

¶30

The marital status and the paternity of the child are not in dispute. It is also not in dispute that the petitioner is now residing along with the child at Thayyil in Kannur district. Since the respondent has no objection in transferring the cases and also considering the dictums of the Supreme Court in such cases, the place of convenience of the wife will have to be considered while considering the transfer of matrimonial cases from one court to another, this court is of the view that these cases will have to be transferred to the Family Court, Kannur for disposal.

¶31

So these petitions are allowed. OP.Nos.501/2015 and 500/2015 both pending before the Family Court, Tirur are withdrawn and transferred to the Family Court, Kannur for disposal. Considering the fact that the cases were filed in the year 2015 and that is pending before the Family Court, Tirur, on appearance of the parties after completing the formalities of mediation and counseling as provided in the Family Court Act, the Family Court, Kannur is directed to expedite the disposal of theses cases at the earliest possible time. Counsel for the petitioner and the respondent who appeared in person submitted that if a

¶32

Tr.P.(C).Nos.616 & 617 of 2016 3

¶33

date is fixed for their appearance, they will appear before the transferee court. So parties are directed to appear before the Family Court, Kannur on 23.1.2017. The Family Court, Tirur is directed to transmit the records to the Family Court , Kannur immediately. If an application for joint trial is filed, that also can be considered by the Family Court, Kannur and appropriate orders in that application can be passed by that court, if the matter is not settled in the mediation or Adalath.

¶34

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

¶35

Sd/-

¶36

K. RAMAKRISHNAN, JUDGE.

¶37

Archana M.A. v. Sathasivanpilla N.

Case brief

What is this about?

What did the court decide?

Archana M.A. v. Sathasivanpilla N.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

A.Syam(Incorrectly Shown as a.Sathyan in the Order) Vs Bharath Sanchar Nigam Limited

Seema S. Vs Bharath Sanchar Nigam Ltd.

S.Pradeep Kumar Vs Bharath Sanchar Nigam Ltd.

K.K.Balan Vs Suresh

Vidhya Vs Satheesh.K

Bijesh.K Vs Remya.P.G