Allowed

Swathy K., v. Sajith R.

Kerala HC24 Oct 2019Tr.P(C)/255/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a transfer petition, directing the transfer of an original marriage case from the Family Court, Thiruvananthapuram to the Family Court, Pathanamthitta. The transfer was deemed convenient for the petitioner, who resides in Pathanamthitta, lacks income, and has no one to accompany her.

What did the court decide?

The transfer petition is allowed, transferring O.P. (HMA) No.2208/2018 from Family Court, Thiruvananthapuram to Family Court, Pathanamthitta for trial and disposal.

Swathy K., Vs Sajith R. — Maintenance and Alimony | 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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THURSDAY, THE 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941

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Tr.P(C).No.255 OF 2019

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AGAINST THE ORDER/JUDGMENT IN OP(HMA) 2208/2018 OF FAMILY COURT,TRIVANDRUM

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PETITIONER/S/RESPONDENT IN O.P.:

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SWATHY K., AGED 25 YEARS, W/O. SAJITH, RESIDING AT PARUVELILVEEDU, KALANJOOR, PADAM P.O., PATHANAMTHITTA.

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BY ADVS. SRI.I.SREEHARI SMT.LEKSHMI P. NAIR

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RESPONDENT/S/PETITIONER IN O.P.:

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SAJITH R., AGED 32 YEARS, S/O. RAMACHANDRAN, RESIDING AT THUNDUVILAKATHU VEEDU, VALIYAVILA, THIRUMALA P.O., THIRUVANANTHAPURAM-695006.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No.255 OF 2019

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O R D E R

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In this transfer petition, the prayer is to transfer O.P.(HMA) No. 2208/2018 on the files of the Family Court, Thiruvananthapuram to the Family Court, Pathanamthitta.

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Service is complete. However, there is no

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appearance for the respondent.

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Heard the learned Counsel for the petitioner.

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The petitioner is the wife, who is having a

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minor child to be looked after. She is not having any

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employment or source of income. There is also nobody

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to accompany her to the Family Court, Thiruvananthapuram. In the said circumstances, she finds it very difficult to travel all the way from her

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Tr.P(C).No.255 OF 2019

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residence at Pathanamthitta to the Family Court, Thiruvananthapuram. M.C.No.127/2018 filed by the petitioner for maintenance is also pending before the Family Court at Pathanamthitta. Considering the above facts and circumstances, I am of the view that transferring the above original petition to the Family Court, Pathanamthitta will be convenient to the petitioner. Since the connected case is pending before the Family Court, Pathanamthitta, no prejudice will be caused to the respondent also. In the said circumstances, I am inclined to allow this transfer petition.

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In the result, this Transfer Petition stands allowed, transferring O.P. (HMA) No.2208/2018 on the files of the Family Court, Thiruvananthapuram to the Family

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Tr.P(C).No.255 OF 2019

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Court, Pathanamthitta for the trial and disposal, in accordance with law. The case records shall be

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transmitted to the transferee court forthwith.

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The petitioner shall appear before the transferee

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court on 25.11.2019 without further notice.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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RK/24.10.2019

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Tr.P(C).No.255 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-A1 TRUE COPY OF M.C. NO.127/2018 OF THE FAMILY COURT, PATHANAMTHITTA. ANNEXURE-A2 TRUE COPY OF O.P. NO.2208/2018 OF THE FAMILY COURT, THIRUVANANTHAPURAM.

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RESPONDENT'S/S EXHIBITS:NIL

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//TRUE COPY//

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PA TO JUDGE

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Swathy K., v. Sajith R.

Case brief

What is this about?

What did the court decide?

Swathy K., v. Sajith R.

Case brief

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What did the court decide?

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