Allowed

Greeshma v. Jijo

Kerala HC9 Oct 2019Tr.P(C)/166/2018

Case brief

AI extract

What is this about?

This judgment allows three transfer petitions filed by a wife (Greeshma) seeking transfer of pending family law proceedings from the Family Court, Kottarakkara to the Family Court, Kollam. The court granted the transfer considering reduced travel distance and exempted the husband from personal appearance unless necessary for case progress.

What did the court decide?

Transfer of Original Petitions 1292/2017, 1078/2015, and 1291/2017 from Family Court, Kottarakkara to Family Court, Kollam, with exemption for respondent from personal appearance.

Greeshma Vs Jijo — Civil Procedure and Limitation | 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 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941

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Tr.P(C).No.166 OF 2018

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AGAINST THE ORDER/JUDGMENT IN OP 1292/2017 OF FAMILY COURT, KOTTARAKKARA

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PETITIONER/S:

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GREESHMA

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AGED 27 YEARSD/O. KOSHY, PARAYIL VEED, KARAMKOD.P.O., CHATHANOOR VILLAGE, KOLLAM

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BY ADVS.

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SRI.R.MOHANA BABU SRI.M.AJITH (KARICODE)

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RESPONDENT/S:

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JIJO AGED 27 YEARS,S/O. RAJU, KARINJIRAPPALLI THEKKATHIL PUTHEN VEED, KARIKKAL MURI, PUTHOOR VILLAGE, KOTTARAKKARA, KOLLAM- 691 001

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R1 BY ADV. SRI.A.R.DILEEP R1 BY ADV. SRI.GEORGE VARGHESEPERUMPALLIKUTTIYIL R1 BY ADV. SRI.P.J.JOE PAUL R1 BY ADV. SRI.MANU SEBASTIAN R1 BY ADV. SRI.RAJAN G. GEORGE

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.10.2019, ALONG WITH Tr.P(C).167/2018, Tr.P(C).171/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).Nos.166, 167 and 171 OF 2018

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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 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941

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Tr.P(C).No.167 OF 2018

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AGAINST THE ORDER/JUDGMENT IN OP 1078/2015 OF FAMILY COURT, KOTTARAKKARA

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PETITIONER/S:

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GREESHMA AGED 27 YEARS, D/O.KOSHY, PARAYIL VEED,KARAMKOD P.O., CHATHANNOOR VILLAGE,KOLLAM.

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BY ADVS. SRI.R.MOHANA BABU SRI.M.AJITH (KARICODE)

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RESPONDENT/S:

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JIJO AGED 27 YEARS, S/O.RAJU,KARINJIRAPPALLI THEKKATHIL PUTHEN VEED,KARIKKAL MURI, PUTHOOR VILLAGE, KOTTARAKKARA, KOLLAM.691 001.

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R1 BY ADV. SRI.A.R.DILEEP R1 BY ADV. SRI.GEORGE VARGHESEPERUMPALLIKUTTIYIL R1 BY ADV. SRI.P.J.JOE PAUL R1 BY ADV. SRI.MANU SEBASTIAN R1 BY ADV. SRI.RAJAN G. GEORGE

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.10.2019, ALONG WITH Tr.P(C).166/2018, Tr.P(C).171/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).Nos.166, 167 and 171 OF 2018

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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 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941

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Tr.P(C).No.171 OF 2018

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AGAINST THE ORDER/JUDGMENT IN OPGW 1291/2017 OF FAMILY COURT, KOTTARAKKARA

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PETITIONER/S:

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GREESHMA

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AGED 27 YEARS, D/O KOSHY, PARAYIL VEED, KARAMKOD PO, CHATHANNOOR VILLAGE, KOLLAM.

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BY ADVS.

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SRI.R.MOHANA BABU SRI.M.AJITH (KARICODE)

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RESPONDENT/S:

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JIJO AGED 27 YEARS, S/O RAJU, KARINJIRAPPALLI,THEKKATHIL PUTHEN VEED, KARIKKAL MURI,PUTHOOR VILLAGE, KOTTARAKKARA, KOLLAM.

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R1 BY ADV. SRI.A.R.DILEEP R1 BY ADV. SRI.GEORGE VARGHESEPERUMPALLIKUTTIYIL R1 BY ADV. SRI.P.J.JOE PAUL R1 BY ADV. SRI.MANU SEBASTIAN

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.10.2019, ALONG WITH Tr.P(C).166/2018, Tr.P(C).167/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).Nos.166, 167 and 171 OF 2018

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ORDER

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In Transfer Petition(C) No.166/2018, the prayer is to transfer O.P.No.1292 of

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2017 on the files of the Family Court, Kottarakkara to the Family Court, Kollam. In Transfer Petition(C) No.167/2018, the prayer is to transfer O.P.No.1078 of 2015 on the files of the Family Court, Kottarakkara to the Family Court, Kollam. In Transfer Petition(C) No.171/2018, the prayer is to transfer O.P.(G & W)No.1291 of 2017 on the files of the Family Court, Kottarakkara to the Family Court, Kollam. The wife is the petitioner in all these cases.

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2. Heard.

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Tr.P(C).Nos.166, 167 and 171 OF 2018

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-5-

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3. The learned counsel for the

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petitioner has submitted that if the above said cases are transferred to the Family Court, Kollam, the distance to be travelled to reach the court from the residence of the petitioner will be reduced by half.

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4. The husband, who is the

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respondent in all the above said transfer petitions, has no objection in allowing these transfer petitions. However, the learned counsel for the respondent has requested for issuing a direction to the court below to grant exception to the respondent from personnel appearance before the court.

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5. In view of the above submission

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Tr.P(C).Nos.166, 167 and 171 OF 2018

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-6-

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of the learned counsel for the respondent and taking into consideration of the facts and circumstances of the case, I am inclined to allow these transfer petitions.

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In the result, these Transfer Petitions stand allowed, transferring O.P.Nos.1292 of 2017, O.P.No.1078 of 2015 and O.P.(G & W)No.1291 of 2017 on the files of the Family Court, Kottarakkara to the Family Court, Kollam for the trial and disposal in accordance with law.

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However, the respondent shall be granted exemption from personal appearance before the court below on all posting dates except when his presence is necessary for the progress of the case, if the respondent

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Tr.P(C).Nos.166, 167 and 171 OF 2018

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-7-

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files any application in this regard before

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the court below.

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The case records shall be transmitted

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to the transferee court forthwith.

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The parties shall appear before the transferee court on 15.11.2019 without

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further notice.

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sd/-

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B. SUDHEENDRA KUMAR, JUDGE

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STK

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Tr.P(C).Nos.166, 167 and 171 OF 2018

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-8-

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APPENDIX OF Tr.P(C) 166/2018

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PETITIONER'S/S EXHIBITS:

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ANNEXURE P1 TRUE COPY OF THE ORIGINAL PETITION O.P. NO. 1292/2017 ON THE FILE OF THE FAMILY COURT, KOTTARAKARA.

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RESPONDENT'S EXHIBITS: NIL

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Tr.P(C).Nos.166, 167 and 171 OF 2018

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APPENDIX OF Tr.P(C) 167/2018

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PETITIONER'S/S EXHIBITS:

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ANNEXURE P1 TRUE COPY OF THE ORIGINAL PETITION O.P.NO. 1078/2015 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA.

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RESPONDENT'S EXHIBITS: NIL

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Tr.P(C).Nos.166, 167 and 171 OF 2018

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-10-

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APPENDIX OF Tr.P(C) 171/2018

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PETITIONER'S/S EXHIBITS:

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ANNEXURE P1 TRUE COPY OF THE ORIGINAL PETITION O.P. (G&w) NO. 1291/2017 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA.

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RESPONDENT'S EXHIBITS: NIL

Greeshma v. Jijo

Case brief

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Greeshma v. Jijo

Case brief

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