The High Court of Kerala allowed a transfer petition under Tr.P(C). No. 88/2019, transferring a restitution of conjugal rights petition from the Family Court, Kozhikode to the Family Court, Thodupuzha, to consolidate proceedings with two other pending matters between the parties.
Transfer of O.P.No.1267 of 2018 from Family Court, Kozhikode to Family Court, Thodupuzha.
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 04TH DAY OF APRIL 2019 / 14TH CHAITHRA, 1941
Tr.P(C).No. 88 of 2019
AGAINST THE ORDER/JUDGMENT IN OP 1267/2018 of FAMILY COURT,KOZHIKODE
PETITIONER/S:
UNNIMAYA
AGED 23 YEARS W/O.SRIKANTH, AMRUTHAPURI(BLOCK NO.430), THOOKKUPALAM KARA, KALLAR.P.O., KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT.
BY ADVS. SRI.M.V.RAJENDRAN NAIR SRI.G.PREMNATH (THODUPUZHA)
RESPONDENT/S:
SRIKANTH AGED 31 YEARS S/O.GANGADHARAN,SRIVIHAR HOUSE, RAMANATTUKARA KARA, VAIDYARANGADI.P.O., RAMANATTUKARA VILLAGE, KOZHIKKODU TALUK, KOZHIKKODU DISTRICT, PIN-673633.
BY ADV. SRI.SHARAN SHAHIER
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P(C).88/19
2
ORDER
Petitioner herein is the respondent in O.P.No.1267 of 2018 pending before the Family Court, Kasaragod, which is an application for restitution of conjugal rights filed by the respondent herein. Petitioner seeks a transfer of that case from Family Court, Kozhikode to Family Court, Thodupuzha on a premise that, two other matters are pending between the parties before Family Court, Thodupuzha as O.P.No.459 of 2018 and 461 of 2018. She has also stated that, she is residing at Udumpanchola taluk in Idukki district and Family Court, Thodupuzha is nearer to her place of residence. Respondent has appeared.
Accordingly, transfer petition stands allowed. The entire proceedings in O.P.No.1267 of 2018 pending before the Family Court, Kozhikode stands transferred to Family Court at Thodupuzha. Family Court, Kozhikode shall immediately transmit the entire files to Family Court, Thodupuzha. Both sides shall appear before the Family Court at Thodupuzha on 14.06.2019.
Sd/-
SUNIL THOMAS
JUDGE
Sbna
Tr.P(C).88/19
3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF O.P.1267/18 OF FAMILY COURT, KOZHIKODE ANNEXURE A2 NOTICE ISSUED FROM FAMILY COURT, KOZHIKODE
2 issues framed by the court
Whether the transfer of a restitution of conjugal rights petition from the Family Court, Kozhikode to the Family Court, Thodupuzha is just and proper in view of other pending matters and the petitione
Whether the entire proceedings in O.P. No. 1267 of 2018 should be transferred to the Family Court, Thodupuzha.
Unnimaya
Srikanth
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
