Allowed

Priya v. Dhanash

Kerala HC12 Nov 2019Tr.P(C)/331/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a transfer petition filed by the wife seeking to move her divorce proceedings from the Family Court, Ottapalam to the Family Court, Irinjalakuda. The court noted the petitioner's lack of income, inability to travel alone from her residence, and the pendency of a connected petition in Irinjalakuda.

What did the court decide?

Transfer of Original Petition No.137/2019 from Family Court, Ottapalam to Family Court, Irinjalakuda.

Priya Vs Dhanash — 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 B.SUDHEENDRA KUMAR

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TUESDAY, THE 12TH DAY OF NOVEMBER 2019 / 21ST KARTHIKA, 1941

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Tr.P(C).No.331 OF 2019

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SEEKING TRANSFER OF OP(DIVORCE) NO. 137/2019 ON THE FILE OF FAMILY COURT, OTTAPPALAM TO FAMILY COURT, IRINJALAKUDA

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PETITIONER/1ST RESPONDENT:

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PRIYA, AGED 28 YEARS D/O.PROMODHAN, PAZYHI KALARIKKAL HOUSE, P.O.VARANDARAPPILLY, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680 303.

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BY ADV. SRI.RAJESH CHAKYAT

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RESPONDENT/PETITIONER/2ND RESPONDENT:

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1 DHANASH, AGED 33 YEARS S/O.HARIDAS, KALARIKKAL HARI NIVAS, CHOONAGADU P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN-679 511.

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2 PRAMODHAN,AGED 58 YEARS S/O.MADHAVA KURUP, PAZYHI KALARIKKAL HOUSE, P.O.VARANDARAPPILLY, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680 303, PRESENTLY RESIDING AT B6/331 JUHI LOK VATIKA CHS LTD., KALYAN(EAST), THANE, MAHARASHTRA, PIN-421 306.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No.331 OF 2019 2

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O R D E R

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The wife filed this transfer petition seeking for

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transferring O.P.No.137/2019 on the files of the Family

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Court, Ottapalam to the Family Court,Irinjalakuda.

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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 having no job or other

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source of income for her livelihood. There is also nobody to accompany her from her residence in Mukundapuram Taluk to the Family Court, Ottapalam. The connected O.P.No.133/2019 is also pending before the Family Court, Irinjalakuda. That apart,

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she has to spend traveling expenses for her

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Tr.P(C).No.331 OF 2019 3

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journey from her house to the Family Court, Ottapalam. Considering the facts and circumstances, including the fact that the connected original petition is pending before the Family Court, Irinjalakuda, I am of the view that it is only just and proper to transfer the above original petition also to the Family Court, Irinjalakuda, for the trial and disposal, in accordance with law. It is ordered accordingly.

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In the result, this transfer petition stands allowed, transferring O.P. No.137/2019 on the files of the Family Court, Ottapalam to the Family Court, Irinjalakuda, for the trial and disposal, in accordance with law. The case records shall be transmitted to the transferee court forthwith.

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Tr.P(C).No.331 OF 2019 4

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The petitioner shall appear before the transferee

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court on 06.12.2019, 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/13.11.2019

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Tr.P(C).No.331 OF 2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 COPY OF THE O.P.NO.133/2019 ON THE FILE OF FAMILY COURT, IRINJALAKUDA. ANNEXURE 2 COPY OF THE O.P.NO.137/2019 ON THE FILE OF FAMILY COURT, OTTAPALAM. RESPONDENT'S/S EXHIBITS:NIL

Priya v. Dhanash

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Priya v. Dhanash

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