Allowed

Sushya v. Kiran Sreedharan

Kerala HC20 May 2019Tr.P(C)/495/2018

Case brief

AI extract

What is this about?

Transfer petition allowed transferring a family court case from Palakkad to Kozhikode due to petitioner's residence and existing pending cases in Kozhikode, with directions to mitigate respondent's inconvenience.

What did the court decide?

Transfer of O.P.No.345/2018 from Family Court, Palakkad to Family Court, Kozhikode; transmission of files; directions for joint appearance on 20.07.2019 with exemption for petitioner if represented.

Sushya Vs Kiran Sreedharan — Service and Employment | 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 SUNIL THOMAS

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MONDAY, THE 20TH DAY OF MAY 2019 / 30TH VAISAKHA, 1941

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Tr.P(C).No. 495 of 2018

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(TO TRANSFER OP 345/2018 of FAMILY COURT, PALAKKAD TO FAMILY COURT, KOZHIKODE)

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PETITIONER/S:

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SUSHYA AGED 31 YEARS D/O.SIVANANDHAN,KRISHNA HOUSE, MAVILIPARAMBA,EDAKAD P.O., KOZHIKODE - 673 005.

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BY ADVS. SRI.SRINATH GIRISH SRI.P.JERIL BABU

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RESPONDENT/S:

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KIRAN SREEDHARAN S/O.SREEDHARAN, AG, T.R.S.COLONY,OLAVANKODU, PALAKKADDISTRICT - 678 002.

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BY ADV. SMT.CHINCY GOPAKUMAR

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 495 of 2018

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O R D E R

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The petitioner herein is the wife, who is the respondent in OP.No.345/2018 pending before the Family Court, Palakkad. According to her, after the matrimonial relationship got strained she started residing with her parents at Kozhikode. She sought for transfer of the present case to Family Court, Kozhikode, on a premise that two other matters initiated by her are pending before the Family Court, Kozhikode as MC.No.101/2017 and OP.No.289/2017. Hence she sought for transfer of the present matter pending before the Family Court, Palakkad also to Family Court, Kozhikode.

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Respondent has appeared and filed a detailed counter traversing the entire allegations. According to the learned counsel for the respondent, there is yet another proceeding initiated by his parents against the petitioner and pending before the Munsiff Court at

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Tr.P(C).No. 495 of 2018

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Palakkad. It was contended that jurisdictionally Family Court, Palakkad has got the jurisdiction since the parties had resided together at Palakkad after their marriage. It was further contended that the petitioner is staying at Kozhikode since she is employed in a school at Kozhikode.

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It appears from the records that jurisdictionally Family Court, Palakkad has territorial jurisdiction to try the matter since the parties resided together within the jurisdiction of Family Court, Palakkad. However, it is not in dispute that the petitioner is now residing at Kozhikode. It is also not in dispute that two other matters are pending before the Family Court, Kozhikode, being initiated by the petitioner. Either of the parties will have to travel the distance between Palakkad and Kozhikode to contest the proceedings. Having considered these facts, I am inclined to allow the petition, ordering transfer of O.P.No.345/2018 pending before the Family Court, Palakkad to Family Court, Kozhikode. To allay the

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Tr.P(C).No. 495 of 2018

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grievance of the respondent that frequent appearance before the Family Court, Kozhikode may cause further inconvenience to him, I am inclined to make necessary directions in this regard also. Accordingly, the transfer petition stands allowed as follows:

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(1) O.P.No.345 of 2018 pending before the Family

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Court Palakkad stands transferred to Family Court, Kozhikode.

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(2) Family Court, Palakkad shall transmit the entire files in O.P.No.345 of 2018 to Family Court, Kozhikode.

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(3) Both parties shall appear before the Family Court, Kozhikode on 20.07.2019, without any further notice. The Family Court, Kozhikode shall as far as possible exempt the personal appearance of the petitioner before the Family Court, Kozhikode, if he is properly represented by the counsel.

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Tr.P.(C) is allowed as above.

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Sd/- SUNIL THOMAS, JUDGE

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R.AV

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//True Copy// PA to Judge

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Tr.P(C).No. 495 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 DATED 18.04.2018 IN O.P.NO. 345/2018 BEFORE THE FAMILY COURT, PALAKKAD.

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ANNEXURE A2 TRUE COPY OF THE PETITION IN M.C. 101/2017 BEFORE THE FAMILY COURT, KOZHIKODE.

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ANNEXURE A3 TRUE COPY OF THE PETITION IN O.P. NO. 289/2017 BEFORE THE FAMILY COURT, KOZHIKODE.

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RESPONDENT'S/S EXHIBITS NIL

Sushya v. Kiran Sreedharan

Case brief

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Sushya v. Kiran Sreedharan

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