Dismissed

Aruna Babu v. Nibin Sasi Ninan

Kerala HC18 Oct 2019Tr.P(C)/344/2018

Case brief

AI extract

What is this about?

This is a transfer of petition case where the Kerala High Court dismissed the petitioner wife's request to transfer her family law suit from Pathanamthitta to Pala. The court held that transfer cannot be granted as the petitioner is working abroad and the residence shown in the petition is not her present address.

What did the court decide?

Petition for transfer of O.P. No.352/2018 from Family Court, Pathanamthitta to Family Court, Pala was dismissed.

Aruna Babu Vs Nibin Sasi Ninan — Civil Procedure and Limitation | 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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FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941

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Tr.P(C).No.344 OF 2018

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AGAINST THE ORDER/JUDGMENT IN OP(SMA) 352/2018 OF FAMILY COURT, PATHANAMTHITTA

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PETITIONER/S/RESPONDENT:

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ARUNA BABU AGED 26 YEARS, D/O. NIDIN SASI NINAN PARAMBU, EDAVATTOM P.O., EDAVATTOM MURI, THALAYOLAPARAMBU VILLAGE, VAIKKOM TALUK, KOTTAYAM DISTRICT-686 605.

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BY ADVS. SRI.S.PRASANTH SRI.K.ARJUN VENUGOPAL SMT.V.A.HARITHA SRI.JEEVAN RAJEEV SMT.MARY RESHMA GEORGE SRI.R.NANDAGOPAL SRI.SOORAJ T.ELENJICKAL

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RESPONDENT/S/PETITIONER:

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NIBIN SASI NINAN AGED 29 YEARS, S/O. SASI NINAN, POOVANMALA, SOUTHAMPTON NORTH P.O., ELAVUMTHITTA MURI, MEZHUVELI VILLAGE, KOCHENCHERRY TALUK, PIN-689 625.

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R1 BY ADV. SRI.MANU RAMACHANDRAN

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No.344 OF 2018

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O R D E R

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The prayer in this transfer petition is to transfer O.P. No. 352/2018 on the files of the Family Court, Pathanamthitta to the Family Court, Pala.

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Heard.

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The petitioner is the wife, who filed the above petition contending that the transfer of the above case to the Family Court, Pala will be convenient to her. The learned Counsel for the respondent has submitted that if the case is transferred to Pala, the respondent will be put to irreparable hardships. It has been further submitted by the learned Counsel for the respondent that both the petitioner and the respondent are

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Tr.P(C).No.344 OF 2018

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working abroad. The learned Counsel for the petitioner has also fairly submitted that the petitioner is working

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abroad at present. Since the petitioner is working abroad, the request for transfer cannot be granted, as

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the petitioner is not presently residing in the address shown in the petition.

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In the result, this Transfer Petition stands

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dismissed. However, this order will not stand in the

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way of the petitioner in approaching this Court again, if

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there is any change in circumstance.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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RK/19.10.2019

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Tr.P(C).No.344 OF 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE PETITION IN O.P.NO.352 OF 2018, PENDING BEFORE THE FAMILY COURT, PATHANAMTHITTA.

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ANNEXURE A2 A TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER SHOWING THE PERMANENT ADDRESS OF THE PETITIONER

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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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Aruna Babu v. Nibin Sasi Ninan

Case brief

What is this about?

What did the court decide?

Aruna Babu v. Nibin Sasi Ninan

Case brief

What is this about?

What did the court decide?

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