Allowed

Asha S.Raj v. Harikumar V.R.

Kerala HC1 Jul 2019Tr.P(C)/95/2019

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed a transfer petition filed by a wife residing in Thiruvananthapuram seeking transfer of a Family Court case from Muvattupuzha. The court was satisfied that distance and childcare created reasonable grounds for transfer and ordered the file transmission.

What did the court decide?

O.P. No. 49/2019 pending at Family Court, Muvattupuzha, is transferred to Family Court, Thiruvananthapuram. Files to be transmitted. Next hearing fixed for 05.08.2019.

Asha S.Raj Vs Harikumar V.R. — 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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MONDAY, THE 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941

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Tr.P(C).No.95 of 2019

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TO TRANSFER OP 49/2019 of FAMILY COURT, MUVATTUPUZHA TO FAMILY COURT, THIRUVANANTHAPURAM

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PETITIONER:

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ASHA S.RAJ AGED 30 YEARS D/O. P.R. SOMARAJAN, SREESYLAM, T.C.2/507(3), MADATHUVILA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 011.

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BY ADV. SRI.G.UNNIKRISHNAN

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RESPONDENT:

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HARIKUMAR V.R., AGED 32 YEARS S/O DR.V.R. RAVEENDRAN, VALIYAPARAMBIL, PUNNAYAM, PERUMBAVOOR, ASMANNOOR VILLAGE, PIN - 683 549.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No.95 of 2019

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O R D E R

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The petitioner herein is the respondent in O.P.No.49 of 2019 pending before the Family Court, Muvattupuzha. According to her, the marriage took place on 03.02.2013, and a male child was born in that relationship. Later, due to matrimonial disputes, she started residing at Thiruvananthapuram. In the meanwhile, O.P.No.49 of 2019 was filed by the respondent before the Family Court, Muvattupuzha.

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2. Contending that, traveling from

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Thiruvananthapuram to Muvattupuzha to attend the Family Court, creates great inconvenience to her, especially she is unemployed and that she has to take care of the child, the petitioner seeks transfer of the case.

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3. Notice was served on the respondent, who has not chosen to appear and to contest the proceedings.

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4. Heard the learned counsel for the petitioner.

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Tr.P(C).No.95 of 2019

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5. After considering the entire facts, I am

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satisfied that the petitioner has made out a reasonable ground for transferring the case. Accordingly, I am inclined to allow this transfer petition as follows:

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(i) O.P.No.49/2019 pending before the Family Court at Muvattupuzha, will stand transferred to Family Court at Thiruvananthapuram.

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(ii) The Family Court at Muvattupuzha shall transmit the entire files of O.P.No.49/2019 to the Family Court at Thiruvananthapuram.

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(iii) Both sides shall appear before the Family Court at Thiruvananthapuram on 05.08.2019. If the respondent herein remains absent, the Family Court shall issue notice to the respondent for his appearance.

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The transfer petition (civil) is allowed as above.

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Sd/-

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SUNIL THOMAS JUDGE

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VPK

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Tr.P(C).No.95 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE I TRUE COPY OF O.P.NO.49/19 OF THE FAMILY COURT, MUVATTUPUZHA.

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// TRUE COPY //

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PA TO JUDGE

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VPK

Asha S.Raj v. Harikumar V.R.

Case brief

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Asha S.Raj v. Harikumar V.R.

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