Allowed

Dnanya N. v. Satheesh S.

Kerala HC28 May 2019Tr.P(C)/17/2019

Case brief

AI extract

What is this about?

Single judge allowed a transfer petition seeking to shift a matrimonial application from Family Court, Muvattupuzha to Family Court, Kozhikode, citing petitioner's residence at Kozhikode with minor children and parallel proceedings pending. Transfer was made subject to file transfer and appearance before mid-July 2019.

What did the court decide?

Transfer of O.P. No. 530/2018 from Family Court, Muvattupuzha to Family Court, Kozhikode with file transfer and appearance on 08.07.2019.

Dnanya N. Vs Satheesh S. — Partition | 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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TUESDAY, THE 28TH DAY OF MAY 2019 / 7TH JYAISHTA, 1941

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Tr.P(C).No. 17 of 2019

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TO TRANSFER OP 530/2018 of FAMILY COURT, MUVATTUPUZHA TO FAMILY COURT, KOZHIKODE

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PETITIONER/RESPONDENT:

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DNANYA N. AGED 28 YEARS D/O.GOPALAN, VILANGOTTU PURAYIL (H), PUNNASSERY (PO), NARIKKUNI ROAD, KAKKUR VILLAGE, KOZHIKODE TALUK, KOZHIKODE - 673 585.

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BY ADV. SRI.I.P.SREEKANTH

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RESPONDENT/PETITIONER:

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SATHEESH S. AGED 33 YARS, S/O.SUNDARESAN, LANKAYIL HOUSE, RAYAMANGALAM KARA, KURUPPAMPADY (P.O.), RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT 683545.

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BY ADVS. SRI.ANOOP.V.NAIR SRI.M.S.SANDEEP SUDHAKARAN

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 17 of 2019

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O R D E R

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Petitioner is the respondent in O.P.No.530/2018 of Family Court, Moovattupuzha, which is an application filed under the provisions of the Hindu Marriage Act and under the Family Courts Act. Petitioner has appeared before the court below through counsel. She seeks transfer of the above case from Family Court, Muvattupuzha to Family Court, Kozhikode.

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2. According to the petitioner, in the matrimonial relationship, two children were born. After the disruption of the matrimonial relationship she started residence at Kozhikode. She has initiated

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M.C.No.56/2017 before the JFCM III, Kozhikode. She

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finds it practically inconvenient to travel to Muvattupuzha to attend the proceeding.

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3. Respondent appeared and contested the proceedings. Heard both sides and examined the

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records.

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4. It seems that the petitioner is residing at

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Kozhikode. She has to take care of the minor children.

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Tr.P(C).No. 17 of 2019

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It is also seen that she has already initiated M.C.No.56/2017 which is pending before the JFCM III, Kozhikode.

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Having considered the entire facts, I feel that transfer of O.P.No.530/2018 from Family Court, Muvattupuzha to Family court, Kozhikode is essential in the facts of the case. Hence, the Tr.P.(C) is allowed on the following conditions:

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(i) O.P.No.530/2018 pending before the Family Court, Moovattupuzha is transferred to Family Court, Kozhikode.

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(ii) The Family Court, Muvattupuzha shall transfer the entire files to Family Court, Kozhikode.

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(iii) Both sides shall appear before the Family Court, Kozhikode on 08.07.2019 without any further notice.

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Sd/-

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SUNIL THOMAS, JUDGE

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Pn 29/05

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Tr.P(C).No. 17 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE ORIGINAL PETITION FILED BY THE RESPONDENT AS O.P.NO.530/2018 BEFORE THE FAMILY COURT MOOVATTUPUZHA DATED 07/09/2018.

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ANNEXURE B

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TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE FAMILY COURT, MOOVATTUPUZHA IN OP NO.530/2018.

Dnanya N. v. Satheesh S.

Case brief

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Dnanya N. v. Satheesh S.

Case brief

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