Allowed

Pooja Maria v. Vinish.T.J.

Kerala HC19 Nov 2019Tr.P(C)/577/2019

Case brief

AI extract

What is this about?

The Kerala High Court allowed a transfer petition seeking to move a civil original petition from Family Court, Thrissur to Family Court, Muvattupuzha, citing convenience for the petitioner with a minor child and the pendency of a connected matter in the latter court.

What did the court decide?

Transfer of O.P. No.1114/2019 from Family Court, Thrissur to Family Court, Muvattupuzha for trial and disposal.

Pooja Maria Vs Vinish.T.J. — 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 B.SUDHEENDRA KUMAR

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TUESDAY, THE 19TH DAY OF NOVEMBER 2019 / 28TH KARTHIKA, 1941

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Tr.P(C).No.577 OF 2019

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AGAINST OP 1114/2019 OF FAMILY COURT, THRISSUR

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PETITIONER:

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POOJA MARIA AGED 33 YEARS, D/O. DOMINIC JACOB, RESIDING AT ELLICKAMURI HOUSE, ADUPARAMBU VILLAGE, MUVATTUPUZHA P.O, PIN 686 661

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BY ADV. SRI.GEORGE MATHEWS

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RESPONDENT:

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VINISH.T.J. S/O. JOSEPH, THONIKKUZHIYIL HOUSE, POOMALA, CHOTTUPARA P.O, KILLANNOOR VILLAGE, THRISSUR DISTRICT, PIN 680 581

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No.577 OF 2019

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O R D E R

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In this transfer petition, the prayer is to transfer O.P. No.1114/2019 on the files of the Family Court, Thrissur to Family Court, Muvattupuzha for the trial and disposal, in accordance with law.

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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 the wife who has a minor child

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aged one year and two months to be looked after. She is residing with the minor child in her parental house in Muvattupuzha. Connected M.C. No.135/2019 is pending before the Family Court, Muvattupuzha. Since the minor is also residing with the petitioner, the petitioner finds it very difficult to travel all the way from her residence in Muvattupuzha to the Family Court, Thrissur. Having regard

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Tr.P(C).No.577 OF 2019

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to the relevant inputs, including the fact that the connected M.C. is pending before the Family Court, Muvattupuzha, I am of the view that the transferring of the above original petition to the Family Court, Muvattupuzha will be convenient to the petitioner. Since the connected matter is pending before the Family Court, Muvattupuzha, the transferring of the above original petition to the Family Court, Muvattupuzha, will not cause any prejudice to the respondent also. In the said circumstances, I am inclined to allow this transfer petition.

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In the result, this transfer petition stands allowed, transferring O.P. No.1114/2019 on the files of the Family Court, Thrissur to the Family Court, Muvattupuzha, for the trial and disposal in accordance with law.

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The case records shall be transmitted to the transferee court forthwith.

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Tr.P(C).No.577 OF 2019

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The petitioner shall appear before the transferee court

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on 10.12.2019 without further notice.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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Skk//191119

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Tr.P(C).No.577 OF 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE 1 TRUE COPY OF THE PETITION IN M.C. NO.135/2019 BEFORE THE FAMILY COURT, MUVATTUPUZHA.

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ANNEXURE II TRUE COPY OF THE ORIGINAL PETITION IN O.P. NO.1114/2019 BEFORE THE FAMILY COURT, THISSUR.

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RESPONDENT'S EXHIBITS: NIL

Pooja Maria v. Vinish.T.J.

Case brief

What is this about?

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Pooja Maria v. Vinish.T.J.

Case brief

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