Allowed

Sreedevi G. v. Ratheesh K.S.

Kerala HC1 Sept 2016Tr.P(C)/623/2015

Case brief

AI extract

What is this about?

In a transfer petition under Section 24 CPC, the Kerala High Court allowed the transfer of a restitution of conjugal rights case from Palakkad to Muvattupuzha. The petitioner sought transfer due to lack of independent income and distance, noting no hardship to the respondent who has other cases in the transferee court.

What did the court decide?

Transfer of O.P. 431/2015 from Family Court, Palakkad to Family Court, Muvattupuzha for disposal.

Sreedevi G. Vs Ratheesh K.S. — Kerala HC (2016) — LawSathi Research

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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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THURSDAY, THE 1ST DAY OF SEPTEMBER 2016/10TH BHADRA, 1938

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Tr.P(C).No. 623 of 2015 ()

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TO TRANSFER OP 431/2015 OF FAMILY COURT, PALAKKAD TO FAMILY COURT, MUVATTUPUZHA.

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PETITIONER:

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SREEDEVI G., D/O.GOPINATH, AGED 27 YEARS, NADUVILEDATH HOUSE, RAMAMANGLAM, MARADY VILLAGE, MUVATTUPUZHA, ERNAKULAM DISTRICT.

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BY ADV. SRI.C.DILIP

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RESPONDENTS:

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RATHEESH K.S., S/O.SATHYADEVAN, KUNNATHULLY HOUSE, PUTHUSSERRY WEST VILLAGE, PALAKKAD, PIN-678623.

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BY ADVS. SMT.RESHMI JACOB SRI.K.U.SIMON

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Tr.P(C).No. 623 of 2015 ()

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE	1 :	TRUE PHOTOSTAT COPY OF ORIGINAL PETITION DATED 9.6.2014 IN OP.NO.253/2014 ON THE FILE OF FAMILY COURT, MUVATTUPUZHA.
ANNEXURE	2 :	TRUE PHOTOSTAT COPY OF ORIGINAL PETITION DATED 10.6.2014 IN O.P.NO.255/2014 ON THE FILE OF FAMILY COURT, MUVATTUPUZHA.
ANNEXURE	3 :	TRUE PHOTOSTAT COPY OF ORIGINAL PETITION DATED 9.6.2015 IN O.P.NO.431/2015 ON THE FILE OF FAMILY COURT, PALAKKAD.
RESPONDEN	TS'	ANNEXURES : NIL.
		//TRUE COPY//
		P.S. TO JUDGE
mbr/

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K.RAMAKRISHNAN, J.

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Tr.P. (Civil) No.623 of 2015

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Dated this the 1^st day of September, 2016

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ORDER

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This petition is filed by the petitioner seeking transfer of O.P.431/2015 on the file of the Family Court, Palakkad to Family Court, Muvattupuzha under Section 24 of the Code of Civil Procedure.

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It is alleged in the petition that, the respondent married the petitioner on 04.09.2011 and they lived together for sometime. Thereafter their relationship strained and now they are residing separately. The petitioner is residing with her parents at Muvattupuzha. She filed Ext.P1 petition as O.P.253/2014 before the Family Court, Muvattupuzha for divorce and also filed another petition as O.P.255/2014 for return of gold ornaments and other reliefs. Both these cases are pending before the Family Court, Muvattupuzha. The respondent filed Annexure-3 O.P.431/2015 before the Family Court, Palakkad for restitution of conjugal rights. The petitioner is not having any independent income, she is depending upon her parents for her livelihood. It is difficult for her to go to Palakkad to conduct the case. If that case is transferred to Family Court, Muvattupuzha, no hardship will be caused to the respondent as he is appearing in two other cases

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pending before the Family Court, Muvattupuzha. Hence this petition.

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Heard Sri.Dilip, counsel appearing for the petitioner and

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Tr.P. (Civil) No.623 of 2015

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Smt.Reshmi Jacob, counsel appearing for the respondent.

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When the application came up for hearing today, the counsel for the respondent submitted that the respondent has no objection in transferring the case.

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Admittedly there are two cases pending before the Family Court, Muvattupuzha, which were filed by the petitioner against the respondent in which he is appearing and contesting the case. So transferring this case also to the Family Court, Muvattupuzha will not cause any hardship to him. This court also feels that it is necessary in the interest of justice to transfer O.P.431/2015 pending before the Family Court, Palakkad to Family Court, Muvattupuzha for disposal. So the petition is allowed and O.P.431/15 pending before the Family Court, Palakkad is withdrawn and transferred to Family Court, Muvattupuzha for disposal along with O.P.253/2014 and 255/2014 pending before the Family Court. On getting of the records from Family Court, Palakkad, the parties move for joint trial on all these cases, that can be considered and appropriate orders can be passed by the Family Court, Muvattupuzha in accordance with law. The Family Court, Palakkad is directed to transmit the records to Family Court, Muvattupuzha immediately.

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Both the counsel submitted that, a date is given for appearance,

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Tr.P. (Civil) No.623 of 2015

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they are prepared to appear before the transferee court. So parties are directed to appear before the Family Court, Muvattupuzha on 03.10.2016. The Family Court, Palakkad is directed to transmit the records immediately at any rate before 03.10.2016, so that Family Court, Muvattupuzha can proceed with the case. 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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Sreedevi G. v. Ratheesh K.S.

Case brief

What is this about?

What did the court decide?

Sreedevi G. v. Ratheesh K.S.

Case brief

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