Allowed

Pravida Menon v. Krishnan@Asok

Kerala HC3 Apr 2019Tr.P(C)/14/2019

Case brief

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What is this about?

In a transfer petition filed in a divorce proceedings, the High Court allowed the transfer of an application for dissolution of marriage from the Family Court at Thrissur to the Family Court at Ernakulam, considering the petitioner's residence abroad and the respondent's residence.

What did the court decide?

O.P.No.2199/2018 pending before Family Court, Thrissur transferred to Family Court, Ernakulam; files transmitted to the said court; both sides required to appear on 10/6/2019.

Pravida Menon Vs Krishnan@Asok — 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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WEDNESDAY,THE 03RD DAY OF APRIL 2019 / 13TH CHAITHRA, 1941

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Tr.P(C).No. 14 of 2019

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AGAINST THE ORDER/JUDGMENT IN OP 2199/2018 of FAMILY COURT,THRISSUR

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PETITIONER/RESPONDENT:

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PRAVIDA MENON, AGED 34 YEARS D/O. ANIL.S. MENON, OMKARA, 7/410 B, SHREYAS NAGAR, MRIAPADI, THIRUVALLOOR, ALANGAD P.O., ERNAKULAM 683 NOW WORKING AT CANADA AND A CANADIAN CITIZEN REPRESENTED BY POWER OF ATTORNEY HOLDER ANIL. S. MENON, OMKARA, 10/370 G, THIRUVALLOOR, SOUTH MARIYAPADI ALANGA P.O., ERNAKULAM 683 511

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BY ADVS. SMT.R.LEELA SRI.K.K.ANIL KUMAR

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RESPONDENT/S:

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KRISHNAN@ASOK AGED 32 YEARS S/O. ASOK NAIR, BUSINESS, RESIDING AT KRISHNA KULAPPULLY P.O., SHORNUR GOVERNMENT PRESS, PALAKAKD 679 122

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BY ADVS. SRI.T.M.CHANDRAN SRI.P.R.NEELAKANDAN NAMBOODIRI

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2019, THE COURT ON 3-4-2019 PASSED THE FOLLOWING:

Tr.P.(C) No.14/2019

O R D E R

Transfer petition is filed by the respondent in O.P.No.2199/2018 pending before the Family Court,Thrissur, which is an application for dissolution of marriage between the petitioner and the respondent. According to the petitioner, she is working abroad in Canada and has duly authorised her father to appear on behalf of her. Father is residing at Alangad, in Ernakulam District. He is a senior citizen and hence cannot travel long distance due to physical ailments. Hence, petitioner sought for transfer of the case from the Family Court, Thrissur to the Family Court at Ernakulam.

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The respondent appeared and opposed the application. It was contended that the respondent is permanently residing at Kulappully in Palakkad District. It is submitted that, Thrissur is equi distant from the respective places of residence of the petitioner and the respondent. If the case is transferred to Ernakulam, it will cause great inconvenience to him. It was also contended that the petitioner is now in Canada and it is immaterial whether the case is posted at Thrissur, since she has to attend only for evidence. It was contended that, age of the power of attorney holder of the petitioner cannot be a ground for ordering transfer of the case causing inconvenience to the respondent herein.

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It is true that the petitioner is abroad. However, her father is to represent her. He is an aged person. The respondent has to travel anyway from Palakkad to Thrissur even now. Having considered this, I

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Tr.P.(C) No.14/2019

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am inclined to transfer the case to the Family Court at Ernakulam. Ernakulam is well connected to Palakkad District where the respondent is residing. However, to reduce the grievance of the respondent herein, the court below shall consider the personal exemption of the respondent and permit him to appear through the counsel, till his presence is found to be absolutely essential.

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With the above observations, the transfer petition is allowed as follows;

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I). O.P.No.2199/2019 pending before the Family Court, Thrissur, shall be transferred to the Family Court, Ernakulam.

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ii). The Family Court, Thrissur shall transmit the entire files to the Family Court, Ernakulam.

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ii). Both sides shall appear before the Family Court, Ernakulam on 10/6/2019 without any further notice.

Sd/-

SUNIL THOMAS

JUDGE

dpk

Tr.P.(C) No.14/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1

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THE TRUE COPY OF THE ORIGINAL PETITION NO. 2199/2018 FILED BY THE RESPONDENT HEREIN BEFORE THE FAMILY COURT THRISSUR

Pravida Menon v. Krishnan@Asok

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Pravida Menon v. Krishnan@Asok

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