Allowed

Shijo Alva Jose v. Jeevan Thampan

Kerala HC5 Aug 2021Tr.P(C)/206/2021

Case brief

AI extract

What is this about?

Allowed a transfer petition to move a divorce case from Family Court, Kottayam at Ettumanoor to Family Court, Pathanamthitta, based on the wife's residence and convenience, relying on Supreme Court precedents that prioritize the wife's location in matrimonial transfers.

What did the court decide?

Transfer of O.P.No.1512/2019 from Family Court, Kottayam at Ettumanoor to Family Court, Pathanamthitta.

Shijo Alva Jose Vs Jeevan Thampan — Matrimonial and Divorce | Kerala HC (2021)

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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 V.G.ARUN

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THURSDAY, THE 5^TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943

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TR.P(C) NO. 206 OF 2021

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TO TRANSFER OP 1512/2021 OF FAMILY COURT, KOTTAYAM AT ETTUMANOOR TO

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FAMILY COURT, PATHANAMTHITTA

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PETITIONER/RESPONDENT:

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SHIJO ALVA JOSE AGED 32 YEARS D/O. JOSE MANNA JOSE, MANNAKKUNNIL HOUSE, VADASSERIKARA P.O., VADASSERIKARA VILLAGE, RANNI, PATHANAMTHITTA DISTRICT689661.

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BY ADVS. MANU RAMACHANDRAN SRI.M.KIRANLAL SRI.T.S.SARATH SRI.R.RAJESH (VARKALA) SHRI.SAMEER M NAIR

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RESPONDENT/PETITIONER:

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JEEVAN THAMPAN AGED 36 YEARS S/O. THAMPAN THOMAS, VELLAKKOTTU HOUSE, IRATTUNADA, MANARKADU P.O. AND VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT-686019.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 206 OF 2021

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ORDER

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Dated this the 05^th day of August 2021

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The spouses are at loggerheads and have resorted to legal remedies. The petitioner/wife has filed O.P.No.1145/2019 before the Family Court, Pathanamthitta for realization of patrimony and compensation from the respondent/husband. The respondent has filed O.P.No.1512/2019 before the Family Court, Kottayam at Ettumanoor for divorce. The petitioner, who is a permanent resident of Vadasserikara in Pathanamthitta, seeks transfer of the original petition filed by the respondent to the Family Court, Pathanamthitta.

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Learned Counsel for the petitioner submitted that the petitioner is employed at Mumbai and will be put to extreme difficulties, if compelled to contest the cases before two different Family Courts.

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Despite service of notice, there is no appearance on behalf of the respondent.

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TR.P(C) NO. 206 OF 2021

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Having considered the reason urged for transfer and being guided by the decisions of the Honourable Supreme Court, in Sumita Singh v Kumar Sanjay and another [(2001) 10 SCC 41], Rajani Kishore Pardesh v Kishore Babulal Pardesh [ (2005) 1 SCC 237], holding that, in transfer petitions arising from matrimonial cases, convenience of the wife should be preferred over that of the husband.

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In the result, Tr.P.C.No.206/2021 is allowed. O.P.No.1512/2019 on the files of Family Court, Kottayam at Ettumanoor shall forthwith be transferred to the Family Court, Pathanamthitta.

Sd/-

V.G.ARUN

JUDGE

NB/5-8

TR.P(C) NO. 206 OF 2021

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APPENDIX OF TR.P(C) 206/2021

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PETITIONER’S ANNEXURE

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ANNEXURE A1 THE TRUE COPY OF THE O.P.NO.1145/2019 BEFORE THE FAMILY COURT, PATHANAMTHITTA SEEKING REALIZATION OF PATRIMONY AND DAMAGES. ANNEXURE A2 THE TRUE COPY OF THE O.P.NO.1512/2019 FILED BY HUSBAND SEEKING DIVORCE BEFORE FAMILY COURT, KOTTAYAM AT ETTUMANOOR.

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RESPONDENT’S ANNEXURE: NIL

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True Copy

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P.A to Judge

Shijo Alva Jose v. Jeevan Thampan

Case brief

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Shijo Alva Jose v. Jeevan Thampan

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