The High Court at Ernakulam dismissed a transfer petition filed by the wife seeking to transfer an O.P. initiated against her from the Family Court, Thiruvananthapuram, to the Family Court, Ottappalam, as she was abroad and the respondent resides in Thiruvananthapuram.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY, THE 15TH DAY OF NOVEMBER 2019 / 24TH KARTHIKA, 1941
Tr.P(C).No.542 OF 2019
AGAINST THE ORDER/JUDGMENT IN OP 753/2019 OF FAMILY COURT,TRIVANDRUM
PETITIONER/RESPONDENT IN O.P.:
ANU ROSE MATHEW AGED 29 YEARS D/O.ROSAMMA, MUTTATHIL HOUSE, ARAKURSI, MANNARKAD, PALAKKAD DISTRICT.
BY ADVS. SRI.T.M.RAMAN KARTHA SMT.REMYA POULOSE
RESPONDENT/PETITIONER IN O.P.:
PRATHEESH JAISON AGED 30 YEARS S/O.JAISON T.K., RESIDING AT THEKKEKARA HOUSE, THIRUVALLOM POST, THIRUVANANTHAPURAM-695001.
R1 BY ADV. SRI.M.KIRANLAL
R1 BY ADV. SRI.MANU RAMACHANDRAN R1 BY ADV. SRI.T.S.SARATH R1 BY ADV. SRI.R.RAJESH (VARKALA)
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Tr.P(C).No.542 OF 2019
O R D E R
In this transfer petition, the wife has prayed for an order of transfer of O.P.753/2019 on the files of the Family Court, Thiruvananthapuram to the Family
Court, Ottappalam.
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Tr.P(C).No.542 OF 2019
that the petitioner had already initiated legal action against the respondent, the learned Counsel for the petitioner has submitted that no other matter between the parties is pending before any court.
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Tr.P(C).No.542 OF 2019
Ottappalam. The respondent is admittedly residing in Thiruvananthapuram. If the case is transferred to
the Family Court, Ottappalam, the respondent has to travel all the way from his residence in Thiruvananthapuram to the Family Court, Ottappalam. Since the petitioner is working abroad, I do not find any reason justifying the transfer of O.P.735/2019 on the files of the Family Court, Thiruvananthapuram to the Family Court, Ottappalam. In the said circumstances, I am not inclined to allow this transfer petition.
In the result, this transfer petition stands dismissed. However, this order will not stand in the way of the petitioner in approaching this Court again, if there is any change in circumstance.
Sd/- B.SUDHEENDRA KUMAR JUDGE
Nkr/15.11.19
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Tr.P(C).No.542 OF 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF OP NO.753/2019 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM WITH NOTICE DATED 11.7.2019.
RESPONDENT'S EXHIBITS: NIL
3 issues framed by the court
Whether the Transfer Petition to move the Family Court proceedings from Thiruvananthapuram to Ottappalam should be allowed.
Whether the fact that the petitioner is working abroad justifies a transfer of the original order from Thiruvananthapuram to Ottappalam.
Whether the petitioner's claim of having initiated legal action against the respondent justifies transferring the family court order from Thiruvananthapuram to Ottappalam.
ANU ROSE MATHEW
PRATHEESH JAISON
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
