Allowed

Arathi Sudhakaran v. Abu.S

Kerala HC5 Jul 2019Tr.P(C)/92/2019

Case brief

AI extract

What is this about?

A Fast Track Transfer Petition was filed by a petitioner residing in Ernakulam seeking transfer of an ongoing Family Court case from Pala to Muvattupuzha to facilitate proceedings for herself and a child residing there. The single-judge bench allowed the transfer based on convenience and lack of prejudice.

What did the court decide?

The transfer petition Tr.P(C).92/19 was allowed in part. O.P. No.59 of 2019 pending before the Family Court, Pala was transferred to the Family Court, Muvattupuzha.

Arathi Sudhakaran Vs Abu.S — Civil Procedure and Limitation | 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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FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941

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Tr.P(C).No.92 of 2019

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AGAINST THE ORDER/JUDGMENT IN OP 59/2019 of FAMILY COURT, PALA

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PETITIONER:

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ARATHI SUDHAKARAN AGED 24 YEARS D/O.SUDHAKARAN, KARIPARAMBIL HOUSE, KOLENCHERY.P.O, AIKARANAD SOUTH, KUNNATHUNADU, ERNAKULAM DISTRICT-682311.

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BY ADVS. SRI.S.RENJITH SRI.S.UNNIKRISHNAN (NELLAD)

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RESPONDENT:

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ABU.S AGED 27 YEARS S/O SASI, PONNANTHANATH HOUSE, MELAMPARA, THALAPPURALAM, MEENACHIL, KOTTAYAM DSITRICT-686578.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P(C).92/19

ORDER

Petitioner herein is the respondent in O.P.No.59 of 2019 pending before the Family Court, Pala. According to the petitioner, after the marriage relationship got strained, she along with the child are residing at Kolencherry in Ernakulam district. According to her, yet another proceeding has been initiated by her and pending before the Judicial First Class Magistrate, Kolencherry as M.C.No.28 of 2018. Petitioner seeks transfer on the ground that, she cannot travel long distance with the child.

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Notice was issued to the respondent, who has not appeared to contest the proceeding.

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After having heard the learned counsel for the petitioner and perusing the records, I am satisfied that, transfer of the case from Family Court, Pala to Family Court, Muvattupuzha will be convenient to the petitioner and is not likely to cause any prejudice to the respondent. Hence, I am inclined to allow the transfer petition as follows:

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(i) O.P.No.59 of 2019 now pending before the Family Court, Pala will stand transferred to Family Court, Muvattupuzha.

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Tr.P(C).92/19

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(ii) Family Court, Pala will transmit the entire files to Family Court, Muvattupuzha.

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(iii) Both sides shall appear before the Family Court, Muvattupuzha on 14.08.2019 without any further order. If the respondent remains absent there, court below shall issue notice to the respondent.

Sd/-

SUNIL THOMAS

JUDGE

Sbna

Tr.P(C).92/19

APPENDIX

PETITIONER'S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE O.P.NO.59 OF 2019 OF FAMILY COURT,PALA. ANNEXURE A2 TRUE COPY OF THE M.C.NO.28 OF 2018 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERY. ANNEXURE A3 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY MOSC MEDICAL COLLEGE HOSPITAL, KOLENCHERY, ERNAKULAM DATED 14.11.2018.

Arathi Sudhakaran v. Abu.S

Case brief

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What did the court decide?

Arathi Sudhakaran v. Abu.S

Case brief

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