Remanded

Rejimol v. Jeneeshmon

Kerala HC1 Feb 2018Tr.P(C)/17/2018

Case brief

AI extract

What is this about?

In this transfer petition, the Kerala High Court, on the prayer of the wife residing in Alappuzha, ordered the transfer of an Original Petition filed by the husband in Kottayam to the Family Court, Alappuzha. The court considered judicial precedents emphasizing special consideration for the wife's convenience in such transfers.

What did the court decide?

Transferred O.P.No.1175/2017 from the Family Court, Kottayam, to the Family Court, Alappuzha.

Rejimol Vs Jeneeshmon — Service and Employment | Kerala HC (2018)

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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 ALEXANDER THOMAS

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THURSDAY, THE 1ST DAY OF FEBRUARY 2018 / 12TH MAGHA, 1939

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Tr.P(C).No. 17 of 2018

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TO TRANSFER OP 1175/2017 OF FAMILY COURT, KOTTAYAM TO FAMILY COURT, ALAPPUZHA.

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PETITIONER:

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REJIMOL,

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D/O. SIVAN CHETTIAR, ELANJIPARAMB, KARUR, AMBALAPPUZHA P.O, ALAPPZUAHA.

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BY ADV.SRI.P.SHANES METHAR

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RESPONDENT:

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JENEESHMON, S/O. JANARDHAN CHETTIAR, PERATHARAYIL, PEROOR P.O, ETTUMANOOR,KOTTAYAM - 686 631.

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BY ADVS.SRI.R.PARTHASARATHY SMT.SEEMA

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Tr.P(C).No. 17 of 2018

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE I : TRUE COPY OF THE O.P.NO.867/2017 OF FAMILY COURT, ALAPPUZHA. ANNEXURE II : TRUE COPY OF THE O.P.NO.1175/2017 OF THE FAMILY COURT, KOTTAYAM.

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RESPONDENTS' ANNEXURES: NIL -----------------------

/TRUE COPY/

P.S.TO JUDGE

mbr/

ALEXANDER THOMAS, J.

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

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Tr.P(C).No. 17 of 2018

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

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Dated this the 1^st day of February, 2018

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O R D E R

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The prayer in this Transfer Petition (Civil) is as follows:

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“To pass an order to transfer O.P.No. 1175/2017 from the Family Court, Kottayam at Ettumannoor to the Family Court, Alappuzha.”

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Heard Sri.P.Shanes Methar , learned counsel appearing for the petitioner (wife) and Sri.R.Parthasarathy, learned counsel appearing for the respondent (husband).

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It is stated that the petitioner (wife) is presently residing with her parents at Ambalapuzha in Alappuzha district. Differences of opinion between the parties have led to matrimonial disputes. It is stated that the respondent (husband) has filed O.P.No.1175/2017 before the Family Court, Kottayam, for divorce and that the petitioner (wife) has filed O.P.No. 867/2017, for return of gold ornaments, etc. before the Family Court, Alappuzha. It is further stated that serious difficulties will be caused to the petitioner, if she is required to attend the Family Court at Kottayam, in connection with the abovesaid Original Petition filed by the respondent (husband). It is in the above circumstances that the petitioner has filed the instant Transfer Petition (Civil) with the aforementioned prayer.

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The prayer for transfer is seriously opposed by the respondent (husband) pointing out that he will also have travelling difficulties, if the

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Tr.P(C).17/18 - : 2 :-

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case is transferred to Family Court at Alappuzha.

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In the judgments of the Apex Court as in Sumitha Singh v. Kumar Sanjay & Anr. reported in (2001) 10 SCC 41, Rajwinder Kaur v. Balwinder Singh reported in (2003) 11 SCC 726, Mona Aresh Goel v. Aresh Satya Goel , reported in (2000) 9 SCC 255, Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap , reported in AIR 2016 SC 3584, etc. it has been held that in the matter of transfer of cases from one Family Court to another, inconvenience to wife should be given special consideration by the courts, etc.

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Taking into account the facts and circumstances disclosed in this petition, this Court is inclined to consider the plea for transfer of O.P.No.1175/2017 pending on the file of the Family Court, Kottayam, to the Family Court at Alappuzha. Accordingly, it is ordered that O.P.No. 1175/2017 pending on the file of the Family Court, Kottayam, will stand transferred to the file of the Family Court at Alappuzha. The petitioner will produce a certified copy of this order before the Family Court, Kottayam, without further delay. Upon receipt of the copy of the order, the Family Court, Kottayam, will take steps to ensure that the case papers and case records in relation to O.P.No.1175/2017 pending on the file of that court are transmitted to the Family Court at Alappuzha. After receiving the case papers and case records in relation to O.P.No.1175/2017, the Family Court at Alappuzha, will issue notices to both parties and proceed further with the

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Tr.P(C).17/18 - : 3 :-

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matter, in accordance with law.

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In order to alleviate the difficulties of the parties for personally attending before the Family Court, it is ordered in the interest of justice that it will be open to both parties to make appropriate applications for exemption from personal appearance before the Family Court, upon which, the said request may be considered favourably, provided the parties are represented through Advocates. However, it is made clear that the parties will have to appear before the Family Court at the time of counselling and mediation process, etc., and as and when specifically so directed by the Family Court.

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With these observations and directions, the aforecaptioned Transfer Petition (Civil) stands finally disposed of.

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Sd/- ALEXANDER THOMAS, JUDGE ///True Copy///

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P.S. to Judge

Rejimol v. Jeneeshmon

Case brief

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Rejimol v. Jeneeshmon

Case brief

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