Allowed

Frijeya Cosmos v. Nestin George

Kerala HC30 Nov 2016Tr.P(C)/675/2015

Case brief

AI extract

What is this about?

High Court transferred OP 359/2015 for divorce from Family Court, Pala to Family Court, Ernakulam to be tried with other pending matrimonial cases between the same parties, noting the wife resides in Ernakulam and is abroad for work.

What did the court decide?

OP 359/2015 of Family Court, Pala transferred to Family Court, Ernakulam for disposal along with pending OPs 997/2015 and 1130/2015.

Frijeya Cosmos Vs Nestin George — 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 30TH DAY OF NOVEMBER 2016/9TH AGRAHAYANA, 1938

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Tr.P(C).No. 675 of 2015

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OP 359/2015 OF FAMILY COURT, PALA

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PETITIONER(S)/RESPONDENT IN O.P:

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FRIJEYA COSMOS, AGED 23 YEARS, D/O. COSMOS DAMEAN, KOLAPARAMBIL HOUSE, MASJID ROAD, PADAMUGAL, KAKKANADU 682 021.

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BY ADV. SRI.T.M.RAMAN KARTHA

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RESPONDENT(S)/PETITIONER IN O.P:

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NESTIN GEORGE, AGED 26 YEARS, S/O. GEORGE THOMAS, MADAPPILLY (CHALIYIL), 12TH MILE, PALA, PIN 686 575.

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BY ADVS. SRI.P.BABU KUMAR SRI.TOM THOMAS (THRIKKAKARA)

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 675 of 2015

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APPENDIX

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PETITIONERS' ANNEXURES

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ANNEXURE A1: COPY OF OP.997/2015 OF THE FAMILY COURT, ERNAKULAM DATED 13/4/15

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ANNEXURE A2: COPY OF OP.1130/2015 OF THE FAMILYU COURT, ERNAKULAM DATED 10/6/15

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ANNEXURE A3: COPY OF OP.359/2015 BEFORE THE FAMILY COURT, PALA DATED 9/9/15.

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RESPONDENTS' ANNEXURE

NIL.

/ TRUE COPY /

P.S. TO JUDGE

K.RAMAKRISHNAN, J.

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Tr.P.(C)No.675 of 2015

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---------------------------------------------------- Dated this the 30^th 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.359/2015 of Family Court, Pala to Family Court, Ernakulam under Section 24 of the Code of Civil Procedure.

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It is alleged in the petition that the petitioner is the wife of

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the respondent whose marriage was solemnised on 03.02.2015 at St.Thomas Cathedral Church, Pala. After sometime, their relationship strained and she had to leave the matrimonial home and is now staying along with her parents in her parental house at Kakkanad. She filed O.P.997/2015 before the Family Court, Ernakulam against the respondent and his parents for return of gold ornaments and other reliefs and other case as O.P.1130/2015 for divorce and the respondent is appearing in these cases. In the meantime, respondent filed O.P.359/2015 before the Family Court, Pala for divorce. It is difficult for the petitioner to to go Pala to conduct the case. So she prays for transfer of this case from Family Court, Pala to Family Court, Ernakulam. Hence this petition.

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Heard Sri.T.M.Raman Kartha, counsel appearing for the petitioner and Sri.P.Babu Kumar, counsel appearing for the respondent. Counsel appearing for the petitioner argued in support of his petition. The application was opposed by the counsel for the

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Tr.P.(C)No.675 of 2015

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respondent on the ground that, the petitioner is now working in Canada and her case is being represented by the power of attorney holder and there is no necessity to transfer the case.

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It is an admitted fact that the petitioner and respondent are wife and husband and they lived together for sometime and thereafter their relationship strained and now they are residing separately. It is also not in dispute that the petitioner filed O.P.1130/2015 before the Family Court, Ernakulam for divorce and also filed O.P.997/2015 before the same court for return of gold ornaments and other reliefs against the respondent and his parents. In both these cases, the respondent is appearing and contesting the case. The respondent filed O.P.359/2015 before the Family Court, Pala, for dissolution of the marriage. Since two other cases are pending between the same parties before the Family Court, Ernakulam, if this case is also transferred, no hardship will be caused to the respondent as he can conduct all the cases from one court. Further being a lady, asking her to go to Pala to conduct the case will cause hardship to her. She is also represented by power of attorney for the time being. She is a permanent resident of Ernakulam is not in dispute. She is abroad only in connection with her employment.

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It is settled law that the place of residence of th wife will

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Tr.P.(C)No.675 of 2015

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have to be considered while considering the question of transfer of matrimonial cases. Under the circumstances, this court feels that, it is necessary in the interest of justice to transfer O.P.359/2015 pending before the Family Court, Pala to Family Court, Ernakulam for disposal along with other cases pending before that court.

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So the application is allowed and O.P.359/2015 of Family Court, Pala is withdrawn and transferred to Family Court, Ernakulam to be tried along with O.P.997/2015 and 1130/2015 pending before that court. If joint trial application is filed by the parties, that can be considered by that court and pass appropriate orders in the application in accordance with law. Both the counsel submitted that, if a date is fixed for their appearance, they will appear before the transferee court. Parties are directed to appear before the Family Court, Ernakulam on 09.01.2017 either in person or through counsel or authorized agent. The Family Court, Pala is directed to transmit the records to Family Court, Ernakulam immediately.

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Registry is directed to communicate this order to the concerned courts immediately.

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Sd/- (K. Ramakrishnan, Judge)

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Frijeya Cosmos v. Nestin George

Case brief

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Frijeya Cosmos v. Nestin George

Case brief

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