Allowed

Anupama Praveen, v. S.N.Praveenkumar

Kerala HC1 Jul 2019Tr.P(C)/42/2019

Case brief

AI extract

What is this about?

The High Court of Kerala, Ernakulam, allowed a transfer petition seeking to shift a Family Court matrimonial proceeding from Palakkad to Ottapalam. The court noted the parties reside in Ottapalam and another related matter is pending there. It ordered the transfer and records transmission.

What did the court decide?

Transfer of O.P.No.661/2018 from Family Court, Palakkad to Family Court, Ottapalam and transmission of records.

Anupama Praveen, Vs S.N.Praveenkumar — Matrimonial and Divorce | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶4

MONDAY, THE 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941

¶5

Tr.P(C).No.42 of 2019

¶6

(TO TRANSFER OP 661/2018 of FAMILY COURT, PALAKKAD TO FAMILY COURT, OTTAPALAM)

¶7

PETITIONERS/PETITIONERS:

¶8

1 ANUPAMA PRAVEEN, AGED 39 YEARS W/O PRAVEENKUMAR, KANJANGHAT VALIYA VEETTIL, KAILIYAD,CHALAVARA, OTTAPALAM TALUK,PALAKKAD DISTRICT, PIN 678 006.

¶9

2 NANDINI PRAVEEN, AGED 18 YEARS D/O ANUPAMA PRAVEEN, KANJANGHAT VALIYA VEETTIL, KAILIYAD,CHALAVARA, OTTAPALAM TALUK,PALAKKAD DISTRICT, PIN 678 006.

¶10

3 VAISHNAVI PRAVEEN, AGED 11 YEARS MINOR, D/O ANUPAMA PRAVEEN, REPRESENTED BY HER MOTHER ANUPAMA PRAVEEN, KANJANGHAT VALIYA VEETTIL, KAILIYAD, CHALAVARA, OTTAPALAM TALUK,PALAKKAD DISTRICT, PIN 678 006.

¶11

BY ADVS. SRI.SANTHEEP ANKARATH SRI.J.RAMKUMAR

¶12

RESPONDENT/RESPONDENT:

¶13

S.N.PRAVEENKUMAR, AGED 49 YEARS S/O SIVASANKARAN NAIR, NANDANAM, HOUSE NO.21/766(48),PALAKKAD I VILLAGE, PIRAYIRI AMSOM, PIRAYIRI DESOM, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN-678 006.

¶14

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

Tr.P(C).No.42 of 2019

¶16

¶17

O R D E R

¶18

The petitioners are the respondents in

¶19

OP.No.661/2018 pending before the Family Court, Palakkad. They seek transfer of the above case to Family Court, Ottapalam.

¶20

According to the 1^st petitioner herein, in the matrimonial relationship petitioners No.2 and 3 were born. Matrimonial relationship got strained and the respondent is residing now separately from them. O.P.NO.661/2018 was filed by the respondent before the Family Court, Palakkad. According to her, she finds extremely difficult to travel to Palakkad and to contest the proceedings, since she is staying at Ottapalam. It is further stated that she has to take care of both the children. According to the petitioners, petitioners 2 and 3 have preferred O.P.No.693/2018, which is pending before the Family Court, Ottapalam.

¶21

Notice was issued to the respondent, who has not chosen to appear and to contest the proceedings.

¶22

Tr.P(C).No.42 of 2019

¶23

¶24

Accordingly, heard the learned counsel for the petitioners.

¶25

From the facts revealed it is evident that already

¶26

yet another matter is pending before the Family Court, Ottapalam. Petitioners are staying at Ottapalam. There is no objection to the request for the transfer. Having considered this, I am inclined to allow the Tr.P(C) as follows:

¶27

O.P.No.661/2018 pending before the Family Court, Palakkad stands transferred to Family Court, Ottapalam.

¶28

Family Court, Palakkad shall transmit all the records in O.P.No.661/2018 to Family Court, Ottapalam.

¶29

Both sides shall appear before the Family Court, Ottapalam on 06.08.2019. If the respondent remains absent, the Family Court Ottapalam shall issue notice to the respondent for ensuring his appearance.

¶30

sd/-

¶31

SUNIL THOMAS, JUDGE

//True Copy//

PS to Judge

R.AV

Tr.P(C).No.42 of 2019

¶36

¶37

APPENDIX

¶38

PETITIONER'S/S EXHIBITS:

¶39

ANNEXURE A1

¶40

TRUE COPY OF OP NO 661/2018 DATED 13.7.2018 FILED BY THE PETITIONERS BEFORE THE FAMILY COURT, PALAKKAD

¶41

ANNEXURE A2 TRUE COPY OF PETITION DATED 12.11.2018 NUMBERED AS OP NO 693/2018 FILED BEFORE THE FAMILY COURT,OTTAPALAM.

¶42

RESPONDENT'S/S EXHIBITS NIL

Anupama Praveen, v. S.N.Praveenkumar

Case brief

What is this about?

What did the court decide?

Anupama Praveen, v. S.N.Praveenkumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rasiya.S Vs Nilarudeen

Abdulrahman Vs Hydrali

Dr. Bhaskar Subin Sugath Vs Dr. John T John

M/S.Jay Raj Engineers and Contractors, Vs Technip India Pvt. Ltd.

Asha S.Raj Vs Harikumar V.R.

Sherli Femina Vs Unnikrishnan