Transfer Petition (C) No.314 of 2018 filed by an ill husband seeking transfer of Original Petition filed by his wife. Court rejected transfer plea considering women's rights and lack of medical evidence, but allowed future exemption application from appearance.
Transfer of Original Petition dismissed; liberty granted to apply for exemption from court appearance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
Tr.P(C).No.314 OF 2018
O.P.NO.1175/2017 PENDING BEFORE THE FAMILY COURT, PATHANAMTHITTA
PETITIONER:
R.B.SIVAPRASAD AGED 56, S/O.LATE RAVEENDRAN UNNITHAN, RESIDING AT 'PRANAVAM' HOUSE, POOTHAKKULAM P.O., POOTHAKKULAM VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN-691302.
BY ADV. SRI.V.VENUGOPALAN NAIR
RESPONDENT:
P.GEETHA AGED 50 YEARS, D/O.ANANDHAN PILLAI, 'JAYAGEETHAM' HOUSE, PALLIKKAL MURI, PERINGANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT-PIN-695551.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P.(C) No.314/2018
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ORDER
Dated this the 12th day of January 2021
The petitioner husband has sought for transfer of O.P.No.1175 of 2017 pending before the Family Court, Pathanamthitta which was filed by his wife. The O.P. was filed for recovery of money, gold ornaments, etc.
Tr.P.(C) No.314/2018
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Even otherwise also, if some provision could be made to enable the husband to apply for exemption from appearance before the Family Court, Pathanamthitta, the alleged hardship on his part could be well alleviated.
In the result, the O.P. fails and it is dismissed. However, it is made clear that the petitioner will be at liberty to apply for exemption from appearance before the Family Court, Pathanamthitta and if such an application is filed, the court shall decide the application favouring the plea for exemption.
Sd/-
T.V.ANILKUMAR JUDGE
csl
Tr.P.(C) No.314/2018
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APPENDIX
PETITIONER'S DOCUMENTS:
ANNEXURE A1: COPY OF OP(HMA) NO.1175/2017 DATED 12.12.2017 PENDING TRIAL BEFORE THE FAMILY COURT, KOLLAM.
ANNEXURE A2: COPY OF O.P.NO.1098/17 DATED 19.9.2017 PENDING BEFORE THE FAMILY COURT, PATHANAMTHITTA.
ANNEXURE A3: COPY OF THE TREATMENT RECORDS OF THE PETITIONER DATED 28.2.2017.
2 issues framed by the court
Whether a transfer petition for moving matrimonial proceedings from Pathanamthitta to Kollam is maintainable when the petitioner suffers from cancer and the respondent is closer to the current court.
Whether the petitioner can grant relief against transferring the Original Petition filed by the wife for recovery of maintenance and jewelry.
R.B.Sivaprasad
P.Geetha
T.V.Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
