Allowed

Minu Don Bosco v. Nijo

Kerala HC14 Feb 2019Tr.P(C)/18/2019

Case brief

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What is this about?

The Kerala High Court allowed a transfer petition to move original proceedings seeking restitution of conjugal rights from the Family Court, Irinjalakuda, to the Family Court, Kozhikode. The transfer was granted based on the petitioner-wife's residence and employment in Kozhikode.

What did the court decide?

O.P.No.1208/2018 pending before the Family Court, Irinjalakuda was withdrawn and transferred to the Family Court, Kozhikode.

Minu Don Bosco Vs Nijo — 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 SATHISH NINAN

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THURSDAY ,THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940

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Tr.P(C).No. 18 of 2019

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OP 1208/2018 of FAMILY COURT, IRINJALAKUDA

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PETITIONER:

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MINU DON BOSCO AGED 28 YEARS D/O.DON BOSCO,PUTHENPURAKKAL HOUSE,KAKKAD.P.O, PUTHUPPADY-673686.

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BY ADV. SRI.SHEJI P.ABRAHAM

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RESPONDENT:

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NIJO S/O.ANTHONY,POTTEPARAMBAN HOUSE,MELUR VILLAGE, KOOVVAKKATUKUNNU DESOM,MELUR.P.O,CHALAKKUDY-680520.

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BY ADV. SUNIL KUMAR.S

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P.(C).No.18 of 2019

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ORDER

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The petitioner-wife seeks for transfer of O.P.No.1208/2018 pending on the files of the Family Court, Irinjalakuda to the Family Court, Kozhikode.

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The respondent-husband enters appearance and opposes the prayer.

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The original petition is one filed by the respondenthusband seeking restitution of conjugal rights. The petitioner is residing at Kappad P.O, within the jurisdiction of Family Court, Kozhikode. There is a child born in the wedlock, who is presently aged 3 ½ years and is with the petitioner-wife. The petitioner is working as a staff nurse at Kozhikode. In the circumstances, I am of the opinion that the transfer as sought for can be granted.

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In the result, the transfer petition is allowed. O.P.No.1208/2018 pending on the files of the Family Court, Irinjalakuda will stand withdrawn and transferred to the Family Court, Kozhikode.

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Parties to appear before the Family Court, Kozhikode on 16/03/2019.

Sd/-

SATHISH NINAN

JUDGE

rsr

Tr.P(C).No. 18 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 COPY OF THE FIR AND COMPLAINT AGAINST THE RESPONDENT BEFORE THE JUDICIAL MAGISTRATE COURT,THAMARASSERY.

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ANNEXURE A2

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COPY OF THE NOTICE AND RESTITUTION PETITION NO.1208/2018 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT,IRINJALAKUDA.

Minu Don Bosco v. Nijo

Case brief

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Minu Don Bosco v. Nijo

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