Allowed

Anchu V.S. v. Renjith G.

Kerala HC22 May 2019Tr.P(C)/169/2019

Case brief

AI extract

What is this about?

This transfer petition sought to move matrimonial proceedings from the Family Court, Thiruvalla, to the Family Court, Thiruvananthapuram. The petitioner cited distance and existing litigations in Thiruvananthapuram. The Court ordered the transfer to consolidate related disputes.

What did the court decide?

Transferred O.P.(HMA)(Resti) No. 578 of 2018 from Family Court, Thiruvalla to Family Court, Thiruvananthapuram with instructions regarding file transmission and future appearance.

Anchu V.S. Vs Renjith G. — 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 22ND DAY OF MAY 2019 / 1ST JYAISHTA, 1941

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Tr.P(C).No. 169 of 2019

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TO TRANSFER OP(HMA)(RESTI.) NO. 579/2018 of FAMILY COURT, THIRUVALLA TO THE FAMILY COURT, THIRUVANANTHAPURAM

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PETITIONER:

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ANCHU V.S., AGED 30 YEARS, D/O.VELAPPAN, T.C.5/2068(1), KOKKODE VARUVILAKOM PANAYIL VEEDU, KOWDIAR P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.SHAJIN S.HAMEED

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RESPONDENT:

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RENJITH G., AGED 32 YEARS, S/O.E.R.GOPI, REMYA BHAVAN, KURUNGAZHA P.O., PULLAD, KOIPPRAM VILLAGE, THIRUVALL TALUK, PATHANAMTHITTA DISTRICT, PIN CODE- 689548.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 169 of 2019

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O R D E R

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The petitioner is the respondent in O.P.(HMA) No.579/2018 pending before the Family Court Thriuvalla. She seeks transfer of the case from the above Court to Family Court Thiruvananthapuram. According to her, after the disruption of the matrimonial relationship, she started residing at Thiruvananthapuram. Thereafter she initiated O.P.(HMA) No. 2220/2018, as well as M.C.No.44/2016 both pending before the Family Court, at Thiruvananthapuram. She claims that, it is extremely difficult for her to travel all the way from Thiruvananthapuram to Thiruvalla. She has also stated that, she has to take care of the minor child born in the matrimonial relationship.

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2. Though notice was served on the respondent, he

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has not chosen to appear and to contest the proceedings.

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3. Evidently, two other matrimonial proceedings

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are pending before the Family Court, Thiruvananthapuram. Having considered this fact and

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Tr.P(C).No. 169 of 2019

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also the fact that, the petitioner is take care of her minor child. I feel that,it will be in the interest of justice if the matter is transferred to Family Court, Thiruvananthapuram for an expeditious trial of all the matters together by the same court. Having considered this, I am inclined to allow the transfer petition as follows:

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(i) O.P.(HMA)(Resti) No. 578 of 2018 pending before the Family Court at Thiruvalla, is transfered to Family Court at

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Thiruvananthapuram.

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(ii) The Family Court at Thiruvalla shall transmit the entire files of O.P.(HMA)(Resti) No. 578 of 2018 to the Family Court at Thiruvananthapuram.

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(iii) Both sides shall appear before the

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Hon'ble Family Court at Thiruvananthapuram on 02.07.2019. If the respondent herein fails to appear before the Family Court

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Tr.P(C).No. 169 of 2019

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Thiruvananthapuram on that date, that Court shall issue notice to the respondent herein

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and effect service of notice on him.

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The transfer petition is allowed as above.

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Sd/-

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SUNIL THOMAS JUDGE

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VPK

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Tr.P(C).No. 169 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE I PHOTOCOPY OF O.P.(HMA) (RESTI)NO.579/2018 FILED BEFORE THE FAMILY COURT, THIRUVALLA. ANNEXURE II PHOTOCOPY OF O.P(HMA).NO.2220/2018 OF THE FAMILY COURT, THIRUVANANTHAPURAM.

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// TRUE COPY//

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PA TO JUDGE

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VPK

Anchu V.S. v. Renjith G.

Case brief

What is this about?

What did the court decide?

Anchu V.S. v. Renjith G.

Case brief

What is this about?

What did the court decide?

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