Partly allowed

Asha Mol v. Sreejith

Kerala HC12 Jan 2021Tr.P(C)/37/2019

Case brief

AI extract

What is this about?

The High Court allowed the transfer of a dissolution of marriage petition from the Family Court at Ettumanoor to the Family Court at Alappuzha. The transfer was based on the petitioner's residence in Alappuzha, the long distance involved, and her difficulty in contesting the case without сопровождение, citing no counter affidavit from the respondent.

What did the court decide?

Transfer of O.P.No.398/2017 from Family Court, Ettumanoor to Family Court, Alappuzha.

Asha Mol Vs Sreejith — Service and Employment | 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 T.V.ANILKUMAR

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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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Tr.P(C).No.37 OF 2019

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O.P.NO.398/2017 OF FAMILY COURT, ETTUMANOOR, KOTTAYAM

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PETITIONER/RESPONDENT:

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ASHA MOL AGED 25 YEARS D/O.THANKAPPAN, KATTAKKUZHI NIKARTHIL HOUSE, THAIKKATTUSSERI VILLAGE, THAIKKATTUSSERI P.O CHERTHALA TALUK, ALAPPUZHA DISTRICT.

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BY ADV. SMT.AMBILI P.MADHAVAN

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RESPONDENT/PETITIONER:

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SREEJITH AGED 30 YEARS S/O P.V SURENDRAN, PUTHUVALIL HOUSE, CHEMPU P.O, CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN 686 608.

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R1 BY ADV. SMT.LISY T.SKARIA

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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.37/2019

O R D E R

Dated this the 12th day of January 2021

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The petitioner/wife in this Transfer Petition applies for transfer of O.P.No.398 of 2017 pending before the Family Court, Ettumanoor to the Family Court, Alappuzha in which the respondent/husband is the petitioner. The said O.P. was filed for dissolution of marriage.

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Since the petitioner herein is residing in

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Thaikkattusery Village, Alappuzha District, she submits that it is very difficult to undertake a long journey to appear before the Family Court, Ettumanoor. She further submits that since she is residing along with her parents, there is nobody to accompany her and in case she is to appear before the Family Court, Ettumanoor, she may not be in a position to contest the case effectively. No counter affidavit is seen filed by the husband, the respondent herein.

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Considering the long distance between the two courts and the submission made by the learned counsel for the

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Tr.P.(C) No.37/2019

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petitioner, I am satisfied that the request for transfer made is reasonable and is liable to be accepted.

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In the result, this Transfer Petition is allowed withdrawing O.P.No.398 of 2017 pending before the Family Court, Ettumanoor to the Family Court, Alappuzha. The Family Court, Ettumanoor is directed to forward all the records immediately to the Family Court, Alappuzha and the transferee court, on receipt of the records, issue notice to the parties directing their appearance before the court within a reasonable time.

Sd/-

T.V.ANILKUMAR

JUDGE

csl

Tr.P.(C) No.37/2019

APPENDIX

PETITIONER'S DOCUMENTS:

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ANNEXURE A1 TRUE COPY OF THE ORIGINAL PETITION IN H.M.O.P.NO. 398/2017 DATED 3-5-2017 WHICH IS PENDING BEFORE THE FAMILY COURT ETTUMANNOR.

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ANNEXURE A2 OBJECTION FILED BY THE PETITIONER TO ANNEXURE A1 PETITION. ANNEXURE A3 TRUE COPY OF THE PETITION IN MC NO 95/2017 WHICH IS PENDING BEFORE THE JFCM II CHERTHALA.

Asha Mol v. Sreejith

Case brief

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Asha Mol v. Sreejith

Case brief

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