Allowed

Anu S., v. Rajesh

Kerala HC5 Jul 2019Tr.P(C)/133/2019

Case brief

AI extract

What is this about?

In a transfer petition, the High Court of Kerala held that the petitioner, facing distance difficulties and concurrent litigation, made out reasonable grounds. The court transferred O.P. 1654/2018 from the Family Court, Thrissur to the Family Court, Chavara, subject to conditions regarding file transfer and future appearances.

What did the court decide?

Transfer of O.P. No.1654/2018 from Family Court, Thrissur to Family Court, Chavara; compulsory transfer of files; directions for appearance.

Anu S., Vs Rajesh — 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 SUNIL THOMAS

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FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941

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Tr.P(C).No.133 of 2019

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TO TRANSFER OP 1654/2018 PENDING BEFORE THE FAMILY COURT, THRISSUR TO FAMILY COURT, CHAVARA

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PETITIONER/RESPONDENT:

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ANU S., AGED 30 YEARS D/O.CHELLAPPAN, VADAKKETHIL VEETTIL, NADUVILEMURI DESAM, PUTHEN VILA, SHOORANAD NORTH P.O., KOLLAM.

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BY ADV. SRI.M.R.SASITH

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RESPONDENT:

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RAJESH, AGED 37 YEARS S/O.SURENDRAN, KEERUVIL, PADIRIJATTATHIL VEETTIL, PADIJATTEKKARA P.O., THEVALAKKARA VILLAGE, KOLLAM, NOW RESIDING AT OLLUR POLICE QUARTER NO.18, EDAKKUNI VILLAGE, OLLUR P.O., THRISSUR - 675 001.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No.133 of 2019

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O R D E R

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Petitioner is the respondent in

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O.P.No.1654/2018 pending before the Family Court, Thrissur. According to the petitioner, the marriage relationship between them, which was solemnized on 11.12.2013 got strained leading to the institution of matrimonial litigations. It is

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stated that the petitioner now resides at Thevalakkara near Chavara, along with the child. She finds it difficult to effectively contest the proceeding in the Family Court, Thrissur, which is about 200 kms away from the place of her residence. It is also stated that two other matters are pending before the Family Court, Chavara as O.P. G&W No.661/2018 and O.P.No.126/2019. Hence, she seeks transfer of O.P.No.1654/2018 from Family Court, Thrissur to Family Court, Chavara.

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2. Notice was served on the respondent who has

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not chosen to appear and to contest the proceedings.

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Tr.P(C).No.133 of 2019

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After hearing the learned counsel for the petitioner and perusing the records, I am satisfied that the petitioner has made out a reasonable ground for transfer of the case from Family Court, Thrissur to Family Court, Chavara. Hence, the transfer petition is allowed on the following conditions:

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(i) O.P.No.1654/2018 pending before the Family Court, Thrissur is transferred to Family Court, Chavara.

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(ii) The Family Court, Thrissur shall transfer the entire files to Family Court, Chavara.

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(iii) Both sides shall appear before the Family Court, Chavara on 14.08.2019. If the respondent herein remains absent, the Family Court, Chavara shall issue fresh notice to him and ensure service of notice on him.

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Sd/-

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SUNIL THOMAS, JUDGE

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Pn 05/07

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Tr.P(C).No.133 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF OP NO.126/2019 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, CHAVARA.

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ANNEXURE A2 TRUE COPY OF OP NO.1654/2018 FILED BY RESPONDENT BEFORE THE FAMILY COURT, THRISSUR.

Anu S., v. Rajesh

Case brief

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Anu S., v. Rajesh

Case brief

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