Allowed

Renuka R v. Rajeev

Kerala HC25 Oct 2016Tr.P(C)/687/2015

Case brief

AI extract

What is this about?

Court transferred O.P. 1655/2015 from Family Court, Thrissur to Family Court, Palakkad under Section 24 CPC to facilitate the petitioner-wife residing in Palakkad, noting her difficulty attending court in Thrissur due to age of parents. Parties directed to appear before transferee court on 30.11.2016.

What did the court decide?

Transfer of O.P. 1655/2015 from Family Court, Thrissur to Family Court, Palakkad; records to be transmitted immediately; parties to appear on 30.11.2016.

Renuka R Vs Rajeev — Service and Employment | 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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TUESDAY, THE 25TH DAY OF OCTOBER 2016/3RD KARTHIKA, 1938

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Tr.P(C).No. 687 of 2015 ()

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TO TRANSFER OP 1655/2015 OF FAMILY COURT, THRISSUR TO FAMILY COURT, PALAKKAD.

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PETITIONER/RESPONDENT :

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RENUKA R, D/O.RAJAN, AGED 24,'DEVI NILAYAM', POOVATHINPARAMBIL VEEDU, PARUTHIPULLI P.O., PERINGOTTUKURISSY, ALATHUR, PALAKKAD.

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BY ADVS.SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P

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RESPONDENT/PETITIONER : -----------------------

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RAJEEV, S/O.RAJAN, AGED 29, PURANDEKATTIL VEEDU, RAMAVARMAPURAM POST, KUTTUMUKKU DESOM, VILVATTOM VILLAGE, THRISSUR DISTRICT-680 631. BY ADV. SRI.DILIP J. AKKARA

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Tr.P(C).No. 687 of 2015 ()

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APPENDIX

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PETITIONERS’ ANNEXURES:

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ANNEXURE A : TRUE COPY OF THE PETITION IN OP.NO.1655/2015 ON THE FILE OF FAMILY COURT, THRISSUR. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY// P.S. TO JUDGE mbr/

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K.RAMAKRISHNAN, J.

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Tr.P. (Civil) No.687 of 2015

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------------------------------------------------- Dated this the 25^th day of October, 2016

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ORDER

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This petition is filed by the petitioner seeking transfer of O.P.1655/2015 pending before Family Court, Thrissur to Family Court, Palakkad 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 respondent was solemnised on 01.05.2015. After some time their relationship strained. Respondent filed Annexure A petition as O.P.1655/2015 before the Family Court, Thrissur for dissolution of marriage. Petitioner is now living along with her parents at Palakkad and there is none to accompany her to go to Thrissur as her parents are aged. She is finding it difficult to go to Thrissur to conduct the case. So she prays for transfer of the case to Family Court, Palakkad. Hence this petition.

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Heard Sri.Sajan Varghese, counsel appearing for the petitioner and Sri.Dileep J.Akkara, counsel appearing for the respondent. The counsel for the petitioner argued in support of their case in the petition. The application was opposed by the counsel for the respondent.

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The fact that the respondent married the petitioner and the marriage was solemnised at Palakkad is not in dispute. It is also in away admitted that they are now residing separately and the

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Tr.P. (Civil) No.687 of 2015

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respondent filed O.P.1655/2015 before Family Court, Thrissur for dissolution of marriage. Petitioner is residing along with her aged parents at Palakkad. She is a lady and somebody will have to accompany her, if she wants to go to Thrissur to conduct the case.

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It is settled law and in the case of transfer of matrimonial cases, the convenience of the wife has to be considered. Since she is residing at Palakkad if the case is transferred to Family Court, Palakkad it will be convenient for her. So this Court feels that it is necessary to interest of justice to transfer O.P 1665/2015 pending before the Family Court, Thrissur to Family Court, Palakkad for disposal.

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The application is allowed. OP 1665/15 pending before the Family Court, Thrissur is withdrawn and transferred to the Family Court, Palakkad for disposal. The Family Court, Thrissur is directed to transmit the records to Family Court, Palakkad immediately. Both the counsel submitted that if the date is fixed for appearance, they are prepared to appear before the transferee court so as to avoid delay in proceeding the matter. So the parties are directed to appear before the Family Court, Palakkad on 30.11.2016.

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The Registry is directed to communicate this order to the concerned court immediately.

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(K. Ramakrishnan, Judge)

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Renuka R v. Rajeev

Case brief

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Renuka R v. Rajeev

Case brief

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