Allowed

Sherli Femina v. Unnikrishnan

Kerala HC1 Jul 2019Tr.P(C)/115/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a civil transfer petition to move an ongoing family law matrimonial case from the Family Court, Thrissur, to the Family Court, Palakkad, due to the petitioner's residence and inability to travel.

What did the court decide?

The Family Court at Thrissur shall transfer O.P.No.2055/2018 and transmit the entire files to the Family Court at Palakkad; the respondent to appear on 05.08.2019.

Sherli Femina Vs Unnikrishnan — Civil Procedure and Limitation | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶4

MONDAY, THE 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941

¶5

Tr.P(C).No.115 of 2019

¶6

TO TRANSFER OP 2055/2018 of FAMILY COURT,THRISSUR TO FAMILY COURT, PALAKKAD

¶7

PETITIONER:

¶8

SHERLI FEMINA AGED 36 YEARS D/O. LATE UNNI RAGHAVAN, VADAKKEKARA, NAMBULLIPURA P.O., MUNDOOR, PALAKKAD. BY ADV. SMT.V.O.PHILOMINA

¶9

RESPONDENT:

¶10

UNNIKRISHNAN AGED 48 YEARS S/O. LATE NARAYANAN, THEKKUMKARA HOUSE , KANJIKULAM POST, MUNDOOR.

¶11

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶12

Tr.P(C).No.115 of 2019

¶13

¶14

O R D E R

¶15

The petitioner herein is the respondent in

¶16

O.P.No.2055 of 2018 pending before the Family Court, Thrissur. According to her, after the disruption of the matrimonial relationship, she is living at Palakkad along with the child. She is unable to travel to Thrissur and to contest the proceedings. It is further stated that, already she has preferred

¶17

M.C.No.221/2018 before the Family Court, Palakkad seeking maintenance.

¶18

3. Notice was served on the respondent, who has not chosen to appear and to contest the proceedings.

¶19

4. Heard the learned counsel for the

¶20

petitioner.

¶21

5. Having considering the entire facts, I am

¶22

satisfied that the petitioner has made out a reasonable ground for transferring the case. Accordingly, I am inclined to allow this transfer

¶23

petition as follows:

¶24

Tr.P(C).No.115 of 2019

¶25

¶26

(i) O.P.No.2055/2018 pending before the Family Court at Thrissur, will stand

¶27

transferred to Family Court at Palakkad.

¶28

(ii) The Family Court at Thrissur shall transmit the entire files of O.P.No.2055/2018 to the Family Court at Palakkad.

¶29

(iii) Both sides shall appear before the Family Court at Palakkad on 05.08.2019. If the respondent herein remains absent, the Family Court shall issue notice to the respondent for his appearance.

¶30

The transfer petition (civil) is allowed as

¶31

above.

¶32

Sd/-

¶33

SUNIL THOMAS JUDGE

¶34

VPK

¶35

Tr.P(C).No.115 of 2019

¶36

¶37

APPENDIX

¶38

PETITIONER'S EXHIBITS:

¶39

ANNEXURE A1 TRUE COPY OF THE PETITION IN MC NO. 221/2018 ON THE FILE OF THE HONBLE FAMILY COURT, PALAKKAD.

¶40

ANNEXURE A2 TRUE COPY OF THE OP NO. 2055/2018 ON THE FILE OF THE FAMILY COURT, THRISSUR.

¶41

// TRUE COPY //

¶42

PA TO JUDGE

¶43

VPK

Sherli Femina v. Unnikrishnan

Case brief

What is this about?

What did the court decide?

Sherli Femina v. Unnikrishnan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Rasiya.S Vs Nilarudeen

Abdulrahman Vs Hydrali

Dr. Bhaskar Subin Sugath Vs Dr. John T John

M/S.Jay Raj Engineers and Contractors, Vs Technip India Pvt. Ltd.

Asha S.Raj Vs Harikumar V.R.

Anupama Praveen, Vs S.N.Praveenkumar