Allowed

Sreelakshmi K.S. v. Arun Sajeevan

Kerala HC19 May 2022Tr.P(C)/144/2022

Case brief

AI extract

What is this about?

This court allowed two transfer petitions filed under Section 24 CPC by a wife and her husband. Pending family operations from Irinjalakkuda and Thrissur were transferred to Palakkad Family Court due to the wife's convenience in conducting the case.

What did the court decide?

O.P. No. 1274/2021 and O.P. No. 2392/2021 stood transferred to Family Court, Palakkad; records to be transmitted within seven days.

Sreelakshmi K.S. Vs Arun Sajeevan — Matrimonial and Divorce | Kerala HC (2022)

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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 A. BADHARUDEEN

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THURSDAY, THE 19^TH DAY OF MAY 2022 / 29TH VAISAKHA, 1944

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TR.P(C) NO. 144 OF 2022

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O.P. NO. 1274/2021 OF FAMILY COURT, IRINJALAKUDA

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PETITIONER/RESPONDENT:

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SREELAKSHMI K.S. AGED 32 YEARS W/O.ARUN SAJEEVAN AND D/O.SIVASANKARAN, RESIDING AT KALLINGAL VEEDU, PARUTHIPULLY, ALATHUR TALUK, PALAKKAD DISTRICT, PIN - 678 573.

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BY ADVS.RAJESH SIVARAMANKUTTY VIJINA K. ARUL MURALIDHARAN

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RESPONDENT/PETITIONER:

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ARUN SAJEEVAN AGED 37 YEARS S/O.SAJEEVAN V.V., VELAPARAMBIL HOUSE, PORATHISSERY VILLAGE AND DESOM, IRIJALAKUDA NORTH P.O., MUKUNDAPURAM TALUK, THRISSUR, PIN - 680 125. BY ADVS.R.RAJITHA R.N.SANDEEP SANTHOSH P.PODUVAL CHITHRA S.BABU

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.05.2022, ALONG WITH TR.P.(C.) NO. 157 OF 2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P.(C).Nos.144 & 157 OF 2022

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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 A. BADHARUDEEN

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THURSDAY, THE 19^TH DAY OF MAY 2022 / 29TH VAISAKHA, 1944 TR.P(C) NO. 157 OF 2022

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O.P. NO. 2392/2021 OF FAMILY COURT,THRISSUR

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PETITIONER/RESPONDENT:

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SREELAKSHMI K S., AGED 32 YEARS W/O. ARUN SAJEEVAN AND D/O. SIVASANKARAN, RESIDING AT KALLINGAL VEEDU, PARUTHIPULLY P.O., PERINGOTTUKURISSI VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT 678 573. BY ADVS.RAJESH SIVARAMANKUTTY K.V.ANTONY VIJINA K.

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RESPONDENT/PETITIONER:

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ARUN SAJEEVAN, AGED 37 YEARS S/O. SAJEEVAN V.V., VELAPARAMBIL HOUSE, PORATHISSERY VILLAGE AND DESOM, IRINJALAKUDA NORTH P.O., MUKUNDAPURAM TALUK, THRISSUR 680 125.

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BY ADVS.SANTHOSH P.PODUVAL R.RAJITHA CHITHRA S.BABU R.N.SANDEEP

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 19.05.2022, ALONG WITH TR.P.(C.) NO. 144 OF 2022 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P.(C).Nos.144 & 157 OF 2022

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COMMON ORDER

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These are transfer petitions filed under Section 24 of the

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Code of Civil Procedure, by the petitioner, who is the wife of the respondent herein to transfer O.P. No. 1274/2021 pending before the Family Court, Irinjalakkuda to Family Court, Palakkad and also to transfer O.P. No. 2392/2021 filed by the respondent husband, wherein the petitioner herein is the respondent pending before the Family Court, Thrissur to the Family Court, Palakkad.

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The learned counsel for the petitioner pressed for granting transfer as sought for pointing out the convenience of the wife.

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However, it is submitted by the learned counsel for the respondent that another O.P. No. 1332/2021 also has been pending before the Family Court, Palakkad involving custody of minor child and the minor has been residing within the jurisdiction of Family Court, Irinjalakkuda, where the respondent has been residing. It is submitted further that in the said O.P., I.A. No. 3/2022 was filed challenging the territory jurisdiction of the court in dealing with the custody of minor child. However, it is conceded by both sides that based on the Division Bench decision of this

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Tr.P.(C).Nos.144 & 157 OF 2022

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Court, in O.P.(F.C.) No. 216/2022 dated 12.04.2022, I.A. No. 2/2021 filed by the wife seeking interim custody of the child was allowed in part and the same is subject matter of challenge before this Court in another proceedings which is pending.

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As far as question of jurisdiction is concerned as raised in I.A. No. 3/2022 in O.P. No. 1332/2021, the same is an issue to be

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decided independently by the Family Court after hearing both sides. Therefore, the jurisdictional issue can be considered independently.

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Coming back to the transfer petitions on hand, there is no reason to disallow the transfer petitions in these cases where the wife pointed out her inconvenience in the matter of conducting the case at a distance place.

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Accordingly, both transfer petitions stand allowed.

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O.P. No. 1274/2021 pending before the Family Court,

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Irinjalakkuda shall stand transferred to the Family Court, Palakkad and O.P. No. 2392/2021 pending before the Family Court, Thrissur shall stand transferred to the Family Court, Palakkad

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The Family Court, Irinjalakkuda and Thrissur are

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Tr.P.(C).Nos.144 & 157 OF 2022

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directed to transmit the entire case records in O.P. No. 1274/2021 and O.P. No. 2392/2021 respectively to the Family Court,

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Palakkad within a period of seven days from the date of receipt of a copy of this order.

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Registry is directed to forward a copy of this order to the Family Courts concerned for information and compliance.

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Parties are directed to appear before the Family Court,

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Palakkad on 13.06.2022 at 11.00 A.M.

Sd/-

A. BADHARUDEEN

JUDGE

DCS/19.05.2022

Tr.P.(C).Nos.144 & 157 OF 2022

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APPENDIX OF TR.P.(C.) NO. 144/2022

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PETITIONER'S ANNEXURE

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ANNEXURE A

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TRUE COPY OF O.P.NO.1332/2021 FILED ON 18/12/2021 BEFORE FAMILY COURT, PALAKKAD BY PETITIONER AGAINST RESPONDENT FOR CUSTODY OF MINOR CHILD.

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ANNEXURE B

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TRUE COPY OF O.P.NO.1274/2021 DATED 8/11/2021 FILED BY RESPONDENT AS PETITIONER AGAINST PETITIONER AS RESPONDENT BEFORE THE FAMILY COURT, IRINJALAKUDA.

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Tr.P.(C).Nos.144 & 157 OF 2022

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APPENDIX OF TR.P.(C.) NO. 157/2022

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PETITIONER'S ANNEXURE

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ANNEXURE A TRUE COPY OF O.P. NO. 2392/2021 DATED 16.11.2021 FILED BY RESPONDENT AGAINST PETITIONER HEREIN BEFORE THE FAMILY COURT, THRISSUR.

Sreelakshmi K.S. v. Arun Sajeevan

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Sreelakshmi K.S. v. Arun Sajeevan

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