Allowed

Sreeja v. P.Vasudevan

Kerala HC23 Oct 2019Tr.P(C)/111/2019

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed a transfer petition requesting the transfer of a pending miscellaneous proceeding from the Family Court, Malappuram to the Family Court, Thrissur, citing the petitioner's residence, lack of employment, childcare responsibilities, and the existence of a connected matter in Thrissur.

What did the court decide?

Transfer of O.P. No. 55/2018 from Family Court, Malappuram to Family Court, Thrissur for trial and disposal.

Sreeja Vs P.Vasudevan — Matrimonial and Divorce | Kerala HC (2019)

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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 B.SUDHEENDRA KUMAR

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WEDNESDAY, THE 23RD DAY OF OCTOBER 2019 / 1ST KARTHIKA, 1941

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Tr.P(C).No.111 OF 2019

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AGAINST THE ORDER/JUDGMENT IN OP 55/2018 OF FAMILY COURT, MALAPPURAM

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PETITIONER/RESPONDENT:

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SREEJA AGED 36 YEARS D/O.KAPIYUR MANAKAL SANKARAN NAMBOODIRI, GURUVAYOOR.P.O., GURUVAYOOR VILLAGE DESOM, CHAVAKKAD TALUK, THRISSUR-680101.

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BY ADV. SRI.G.SREEKUMAR (CHELUR)

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RESPONDENT/PETITIONER:

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P.VASUDEVAN, AGED 46, S/O.PAZHAYIDATH MANA MANAKAL SAVITHRI ANATHARJANAM, PATTIKAD (VIA), KEEZHATTUR.P.O., MALAPPURAM DISTRICT-679325.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No.111 OF 2019

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O R D E R

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The prayer in this transfer petition is to transfer O.P.No.55/2018 on the files of the Family Court, Malappuram to the Family Court, Thrissur.

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Service is complete. However, there is no appearance for the respondent.

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Heard the learned counsel for the petitioner.

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The petitioner is the wife, who is having two

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minor children aged 14 years and 7 years to be looked after. She has no employment, submitted by the learned counsel for the petitioner. There is nobody to accompany the petitioner to the Family Court, Malappuram. In the said circumstances, she finds it very difficult to travel all the way from her

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Tr.P(C).No.111 OF 2019

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residence in Thrissur to Family Court, Malappuram to attend the case. That apart, she has to spend travelling expenses for her journey to the Family Court, Malappuram. The connected O.P.No.71/2019 is also pending before the Family Court, Thrissur. It appears from the above facts that the transferring of O.P.No.55/2018 to the Family Court, Thrissur will be convenient to the petitioner. Since the connected matter is pending before the Family Court, Thrissur, the transfering of the above case to the Family Court, Thrissur will not cause any prejudice to the respondent. In the said circumstances, I am inclined to allow this transfer petition.

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In the result, this transfer petition stands allowed, transferring O.P.55/2018 on the files of the Family Court, Malappuram to the Family Court, Thrissur, for trial and disposal, in accordance with law. The case records shall be transmitted to the

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Tr.P(C).No.111 OF 2019 transferee court forthwith. The petitioner shall appear before the transferee court on 25.11.2019

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without further notice.

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Sd/-

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B.SUDHEENDRA KUMAR

JUDGE

Nkr/23.10.19

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Tr.P(C).No.111 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I A TRUE COPY OF THE O.P.NO.55 OF 2018 FILED BEFORE THE FAMILY COURT, MALAPPURAM DATED 3.11.2018. ANNEXURE II A TRUE COPY OF THE O.P.NO.71 OF 2019 ON THE FILE OF THE FAMILY COURT, THRISSUR DATED 14.1.2019.

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RESPONDENT'S EXHIBITS: NIL

Sreeja v. P.Vasudevan

Case brief

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Sreeja v. P.Vasudevan

Case brief

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