In this transfer petition, the High Court of Kerala allowed the transfer of OP (G&W) No.841 of 2020 from the Family Court, Mavelikkara, to the Family Court, Ernakulam, due to the petitioner's employment and the residence of the children in Ernakulam.
Transfer of OP (G&W) No.841 of 2020 from Family Court, Mavelikkara to Family Court, Ernakulam.
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 V.G.ARUN
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
TR.P(C) NO. 255 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPGW 841/2020 OF FAMILY COURT,
MAVELIKKARA, ALAPPUZHA
PETITIONER/S:
SAVITRI MANJU G. AGED 32 YEARS D/O. GOVINDAN NAMBOOTHIRI, THEKKEHORAKATTU ILLAM, KATTADI P. O., POOYAPPALLY VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT, NOW RESIDING AT FLAT NO.9D, TRAVANCORE GREEN ISLC, PANDARACHIRA ROAD, KADAVANTHRA, KOCHI - 682 020.
BY ADV SIKHA G.NAIR
RESPONDENT/S:
BALASUBRAHMANIAN NAMPOOTHIRI AGED 42 YEARS S/O. LATE EASWARAN NAMPOOTHIRI, PERIAMANA ILLOM, MUTTOM P. O., MUTTOM MURI, CHEPPAD VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT - 690 511.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NO. 255 OF 2021
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JUDGMENT
Dated this the 1st day of July, 2021
The marital discord among spouses resulted in their marriage being dissolved by mutual consent as per the order in O.P No.839/2017 of the Family Court, Mavelikkara. Thereafter, the respondent/ husband filed OP (G&W) No.841 of 2020, before the Family Court, Mavelikkara. The petitioner / wife, who was working at Mavelikkara earlier, has been transferred to Ernakulam and she is presently employed at the Kadavanthara Branch of the State Bank of India. The children are residing with the petitioner and both of them are doing their schooling at Ernakulam. It submitted that under normal circumstances, the petitioner will be at Ernakulam for 4 or 5 years. The petitioner is finding it extremely difficult to travel all the way to Mavelikkara with the children.
2.Even though the respondent is served with notice, there is no appearance on his behalf.
TR.P(C) NO. 255 OF 2021
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children are residing with her, the prayer for transfer is allowed.
In the result the transfer petition is allowed. OP (G&W) No.841 of 2020 pending before the Family Court, Mavelikkara shall forthwith be transferred to the Family Court, Ernakulam.
Sd/V.G ARUN JUDGE
SJ
TR.P(C) NO. 255 OF 2021
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APPENDIX OF TR.P(C) 255/2021
PETITIONER ANNEXURE
ANNEXURE A1 TRUE COPY OF O.P.(G/W) NO.841/2020 FILED BEFORE HONORABLE FAMILY COURT, MAVELIKKARA, DATED 27.08.2020. ANNEXURE A2 TRUE COPY OF I.A.1/2020 IN O.P.(G/W) NO.841/2020 FILED BEFORE HONORABLE FAMILY COURT, MAVELIKKARA, DATED 27.08.2020. ANNEXURE A3 TRUE COPY OF COMPROMISE DECREE IN O.P.(G/W) NO.1136/2016 BEFORE FAMILY COURT, MAVELIKKARA, DATED 18.03.2017. ANNEXURE A4 TRUE COPY OF THE RENT AGREEMENT DATED 01.07.2020.
2 issues framed by the court
Whether the Family Court proceeding pending before the Mavelikkara court be transferred to Ernakulam given the petitioner's employment and children's residence there.
Whether the transfer of the Family Court proceeding to Ernakulam is permissible on the petitioner's application.
SAVITRI MANJU G.
BALASUBRAHMANIAN NAMPOOTHIRI
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
