The High Court of Kerala allowed a transfer petition to move a divorce case from the Family Court, Pathanamthitta to the Family Court, Kannur (Payyannur camp) due to the petitioner's residence and the respondent's foreign employment.
Transfer of O.P.(Divorce) No.1183/2018 from Family Court Pathanamthitta to Family Court Kannur (Payyannur camp).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 11TH DAY OF JULY 2019 / 20TH ASHADHA, 1941
Tr.P(C).No.66 of 2019
(TO TRANSFER OP(DIVORCE) 1183/2018 of FAMILY COURT, PATHANAMTHITTA TO THE FAMILY COURT, KANNUR AS ITS CAMP SITTINGS AT TALIPARAMBA/PAYYANNUR)
PETITIONER/S:
DR.REMYA EMMANUEL, AGED 31 YEARS W/O.LIJO P JOHN, MULLAKKAL HOUSE, AMBALAVAYAL.P.O., WAYANAD, NOW RESIDING AT C/O.SHAMIN JACOB, MAMMOTTIL HOUSE, PUTHURKUNNU, PARIYARAM MEDICAL COLLEGE.P.O., KANNUR DISTRICT-670503.
BY ADVS. SRI.SURESH KUMAR KODOTH SRI.K.P.ANTONY BINU
RESPONDENT/S:
LIJO P.JOHN, AGED 35 YEARS
S/O.P KOSHY, PULLIVELI HOUSE, VADASSERIKKARA VILLAGE, RANNI TALUK, PATHANAMTHITTA-689662, NOW WORKING AS IT DIRECTOR, RAMADA DOWNTOWN DUBAI, BUILDING NO.2, BURJ DUBAI RESIDENCE, MUHAMMED BIN RASHEED BOULEVARD, DOWNTOWN DUBAI-116566.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P.(C) No.66/2019
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O R D E R
Petitioner herein is the respondent in O.P.(Divorce)No.1183/2018 instituted by the respondent-husband before the Family Court, Pathanamthitta. According to the petitioner, she is now permanently residing at Wayanad and is working as Assistant Surgen at the general hospital, Thalassery. She is now staying at Pariyaram. It is stated that the respondent, though belongs to Pathanamthitta, is working abroad. Hence, transfer of the divorce petition is sought.
Tr.P.(C) No.66/2019
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transfer petition as follows:
I). O.P.(Divorce)No.1183/2018 now pending before the Family Court, Pathanamthitta will stand transferred to the Family Court Kannur at its camp sitting at Payyannur, since it is reported that another criminal proceeding is pending before the JFMC Payyannur.
ii). The Family Court, Pathanamthitta will transmit the entire files to the Family court, Payyannur.
Iii). Both sides shall appear before the Family Court, Payyannur on 19/8/2019.
If respondent remains absent, the Family Court at Payyannur shall issue notice to the respondent for his appearance.
Transfer Petition is allowed.
Sd/-
SUNIL THOMAS
JUDGE
dpk
Tr.P.(C) No.66/2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF PETITION ALONG WITH NOTICE IN OP(DIVORCE)NO.1183/2018 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA. ANNEXURE 2 TRUE COPY OF THE PETITION IN MC.NO.172/2018 ON THE FILE OF THE JFCM, PAYYANNUR.
Dr. Remya Emmanuel
Lijo P. John
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
