Allowed

Ardra.S.Krishna v. Sanjeev Nair.S

Kerala HC10 Oct 2019Tr.P(C)/118/2019

Case brief

AI extract

What is this about?

This judgment dismisses the husband's transfer petition and allows the wife's transfer petition. The court transferred Family Court proceedings to Pathanamthitta to accommodate the unemployed wife residing there, avoiding prejudice caused by the husband's absence abroad.

What did the court decide?

Transfer order: O.P.No.704/2018 pending before Family Court, Alappuzha, transferred to Family Court, Pathanamthitta for trial and disposal.

Ardra.S.Krishna Vs Sanjeev Nair.S — Constitutional and Fundamental Rights | 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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THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941

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Tr.P(C).No.118 OF 2019

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AGAINST THE ORDER/JUDGMENT IN OP 704/2018 OF FAMILY COURT, ALAPPUZHA

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PETITIONER/S/RESPONDENT:

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ARDRA.S.KRISHNA AGED 27 YEARS, D/O.RADHAKRISHNAN NAIR, SREESHYLAM, KOORAMPALA, PANDALAM.P.O, PATHANAMTHITTA, KERALA.

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BY ADVS. SRI.NOBEL RAJU SRI.C.R.JAYAKUMAR SMT.P.K.VINAYA SMT.R.S.RAJASREE

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RESPONDENT/S/PETITIONER:

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SANJEEV NAIR.S AGED 34 YEARS, S/O.SADASIVAN NAIR, PERAYIL HOUSE, THOTTAPPALLY.P.O, AMBALAPUZHA, ALAPPUZHA DISTRICT, KERALA-688561.

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R1 BY ADV. SRI.P.VINODKUMAR

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH Tr.P(C).458/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).Nos. 118 & 458 OF 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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THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941

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Tr.P(C).No.458 OF 2019

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AGAINST THE ORDER/JUDGMENT IN OP 779/2018 OF FAMILY COURT, PATHANAMTHITTA

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PETITIONER/S:

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SANJEEV NAIR S. AGED 34 YEARS, S/O SADASIVAN NAIR, PERAYIL HOUSE, THOTTAPPALLY.P.O, AMBALAPUZHA,ALAPPUZHA-688561, REP.BY ITS POWER OF ATTORNEY HOLDER SADASIVAN NAIR.

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BY ADV. SRI.P.VINODKUMAR

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RESPONDENT/S:

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ARDRA S KRISHNA AGED 27 YEARS, D/O.RADHAKRISHNAN NAIR, SREESHYLAM, KOORAMPALA,PANDALAM.P.O,PATHANAMTHITTA, KERALA-689501.

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R1 BY ADV. SRI.NOBEL RAJU

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH Tr.P(C).118/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).Nos. 118 & 458 OF 2019

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O R D E R

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Tr.P.(C)No. 118/2019 has been filed by the wife

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praying for transferring O.P.No.704/2018 on the files of the Family Court, Alappuzha to the Family Court, Pathanamthitta and Tr.P.(C) No.458/2019 has been filed by the husband praying for transferring O.P.No.779/2018 on the files of the Family Court, Pathanamthitta to the Family Court, Alappuzha.

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Heard.

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The petitioner in Tr.P.(C) No. 118/2019 is the

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wife, who is residing in Pathanamthitta along with her

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parents. She contends that she is not having any employment at present. She finds it very difficult to

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Tr.P(C).Nos. 118 & 458 OF 2019

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travel all the way from her residence to the Family Court at Alappuzha for conducting the above said case. In the said circumstances, the petitioner has prayed for transferring O.P.No.704/2018 to the Family Court, Pathanamthitta.

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The Husband is admittedly working abroad. He is represented by his power of attorney holder. It is contended that O.P.No.779/2018 was filed subsequent to the filing of O.P.No.704/2018 by the husband. No other contention has been raised in the transfer petition by the husband. The learned Counsel for the husband is also not able to state any other reason supporting the transfer petition. It appears that the wife is unemployed. She is residing in Pathanamthitta. The husband is working abroad. In the said

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Tr.P(C).Nos. 118 & 458 OF 2019

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circumstances, transferring O.P.No.704/2018 to the Family Court, Pathanamthitta will be convenient to the wife. It appears that the above transfer will not cause any prejudice to the husband. The above discussion would show that transferring O.P.No.779/2018 on the files of the Family Court, Pathanamthitta to the Family Court, Alappuzha will cause serious prejudice to the wife.

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In the result, Tr.P.(C) No. 458/2019 stands dismissed and Tr.P.(C) No.118/2019 stands allowed, transferring O.P.No.704/2018 on the files of the Family Court, Alappuzha to the Family Court, Pathanamthitta for trial and disposal, in accordance with law. The records shall be transmitted to the transferee court forthwith.

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Tr.P(C).Nos. 118 & 458 OF 2019

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The parties shall appear before the transferee

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court on 05.11.2019 without further notice.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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RK/10.10.2019

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Tr.P(C).Nos. 118 & 458 OF 2019

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APPENDIX OF Tr.P(C) 118/2019

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 A TRUE COPY OF THE PETITION IN O.P.NO.779/2018 FILED BY THE PETITIONER, PENDING BEFORE THE FAMILY COURT, PATHANAMTHITTA.

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ANNEXURE A2 A TRUE COPY OF THE PETITION IN OP.NO.704/2018 FILED BY THE RESPONDENT, PENDING BEFORE THE FAMILY COURT, ALAPPUZHA.

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RESPONDENT'S/S EXHIBITS:NIL

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//TRUE COPY//

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PA TO JUDGE

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Tr.P(C).Nos. 118 & 458 OF 2019

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APPENDIX OF Tr.P(C) 458/2019

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE PETITION IN O.P.779/18 FILED BEFORE THE FAMILY COURT, PATHANAMTHITTA.

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ANNEXURE A2 TRUE COPY OF THE PETITION IN O.P.704/18 FILED BEFORE THE FAMILY COURT,ALAPUZHA.

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RESPONDENT'S/S EXHIBITS:NIL

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//TRUE COPY//

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PA TO JUDGE

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Ardra.S.Krishna v. Sanjeev Nair.S

Case brief

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Ardra.S.Krishna v. Sanjeev Nair.S

Case brief

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