Allowed

Vimal Sagar.M v. Remya.K

Kerala HC3 Jan 2017Tr.P(C)/33/2016

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed a transfer petition to move a divorce case (O.P.No.1756/2011) from Family Court, Ernakulam to Family Court, Irinjalakuda, given the petitioner's custody proceedings and the respondent's residence and employment in Irinjalakuda.

What did the court decide?

O.P.No.1756/2011 withdrawn before Family Court, Ernakulam and transferred to Family Court, Irinjalakuda to be tried along with custody proceedings.

Vimal Sagar.M Vs Remya.K — Civil Procedure and Limitation | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

TUESDAY, THE 3RD DAY OF JANUARY 2017/13TH POUSHA, 1938

¶5

Tr.P(C).No. 33 of 2016 ()

¶6

TO TRANSFER O.P. NO.1756/2011 OF FAMILY COURT, ERNAKULAM TO FAMILY COURT, IRINJALAKUDA.

¶7

PETITIONER(S):

¶8

VIMAL SAGAR, AGED 40, S/O.LATE VIDHYA SAGAR, SIVASAKTHI, NEAR KANDESWARAM TEMPLE, CHELOOR, IRINJALAKUDA P.O., THRISSUR- 680 121.

¶9

BY ADV. SRI.G.SREEKUMAR (CHELUR).

¶10

RESPONDENT(S):

¶11

REMYA. K., AGED 32, D/O. VALIAPARAMBIL REGHUNANDAN, RAM MANDIR, MADATHUMPADAY, MALA, THRISSUR DISTRICT- 680 001.

¶12

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶13

rs.

¶14

Tr.P(C).No. 33 of 2016

¶15

APPENDIX

¶16

PETITIONER'S ANNEXURES:-

¶17

ANNEXURE I	COPY OF THE O.P. NO.1756/2011 FILED BEFORE THE FAMILY COURT, ERNAKULAM DATED 12/09/2011.
ANNEXURE II	COPY OF THE JUDGMENT IN MAT. APPEAL NO.48/2015 DATED 20/07/2015.
ANNEXURE III	COPY OF THE I.A. NO.2211/2014 IN GOP.867/2014 BEFORE THE FAMILY COURT, IRINJALAKUDA DATED 10/10/2014.
ANNEXURE IV	COPY OF THE OBJECTION FILED BY THE RESPONDENT HEREIN TO ANNEXURE 3 DATED 20/02/2015.

¶18

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

A.MUHAMED MUSTAQUE, J.

¶23

=========================

¶24

Tr.P.(C).No.33/2016

¶25

¶26

Dated this the 3^rd day of January, 2017

¶27

O R D E R

¶28

The petitioner, the husband of the respondent herein, has

¶29

approached this court to transfer O.P.No.1756/2011 from the Family

¶30

Court, Ernakulam to the Family Court, Irinjalakuda.

¶31

O.P.No.1756/2011 is filed by the respondent for divorce. The

¶32

petitioner had filed a O.P.(Guardian).No.867/2014 for custody of the

¶33

minor child. According to the petitioner, the respondent is a

¶34

permanent resident of Mala. He refers to an affidavit filed before the

¶35

Family Court, Irinjalakuda wherein she has stated that she is a teacher

¶36

of Holy Grace School, Mala. The petitioner also has a case that the

¶37

parties never lived within the jurisdiction of Family Court, Ernakulm

¶38

nor their marriage was solemnised within the jurisdiction of Family

¶39

Court, Ernakulam.

¶40

Tr.P.(C).No.33/2016

¶41

-:2:-

¶42

Though notice has been served on the respondent, none

¶43

appears.

¶44

Having considered the fact that the petiitoner had already

¶45

instituted proceedings for custody of the minor child before the

¶46

Family Court, Irinjalakuda and also taking note of the fact that the respondent is a teacher of the Holy Grace School at Mala, O.P.No.1756/2011 is liable to be withdrawn and transferred to Family

¶47

Court, Irinjalakuda, to be tried along with O.P.(Guardian).No.867/2014 filed by the petitioner. Therefore, O.P.No.1756/2011 pending before Family Court, Ernakulam is hereby withdrawn and transferred to

¶48

Family Court, Irinjalakuda. The transfer petition is allowed. No costs.

¶49

Sd/-

¶50

A.MUHAMED MUSTAQUE, JUDGE

¶51

Vimal Sagar.M v. Remya.K

Case brief

What is this about?

What did the court decide?

Vimal Sagar.M v. Remya.K

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sree Anjaneya Charitable Trust Vs Sri. Bhanu Pratap Sharma

Suresh Vs State of Kerala

The Principal,N.I.Institute of Eng.Indus Vs the Director of Training

Binu John Vs the District Executive Officer

Remya Vs Jijimon K.G

P.M..Prabha Vs K.G.Ullas