Allowed

Jovi Mohanan v. Sanil Kumar S

Kerala HC5 Jul 2022Tr.P(C)/172/2022

Case brief

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What is this about?

The Court allowed a transfer petition filed under Section 24 CPC seeking to move a divorce case from Family Court, Thiruvalla to Family Court, Kottarakkara. Citing Supreme Court law on women's convenience, the Court ordered the transfer due to the petitioner's residence in Kottarakkara and lack of someone to chaperone her to Thiruvalla.

What did the court decide?

Transfer of O.P(Div) No. 650/2021 from Family Court, Thiruvalla to Family Court, Kottarakkara with instructions to transmit records and issue notices.

Jovi Mohanan Vs Sanil Kumar S — Matrimonial and Divorce | Kerala HC (2022)

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Tr.P (C) No.172 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 C.S.DIAS

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TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944
TR.P(C) NO. 172 OF 2022

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TO TRANSFER OPDIV 650/2021 OF FAMILY COURT, THIRUVALLA
PETITIONER/S:

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JOVI MOHANAN
AGED 27 YEARS
D/O. WILL SADANAM, VETTIKKAVALA VILLAGE,
KOTTARAKKARA TALUK, KOLLAM DISTRICT, PANAVELI P.
O., PIN - 691 532. MOB - 9567859840
BY ADVS.
M.RAJENDRAN NAIR (THONNALLOOR)
SREEJITH R.NAIR

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RESPONDENT/S:

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SANIL KUMAR S
AGED 34 YEARS
S/O. SARASAN, AMBRAYIL VEED, THALAVADI VILLAGE,
KUTTANAD TALUK, ALAPPUZHA DISTRICT, SOUTH POST
OFFICE, PIN - 688 006.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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Tr.P (C) No.172 of 2022

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C.S DIAS,J.

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---------------------------

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Tr.P (C) No.172 of 2022

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----------------------------Dated this the 5^th day of July, 2022.

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ORDER

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The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P (Div) 650/2021 (Annexure I) from the Family Court, Thiruvalla to the Family Court, Kottarakkara.

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The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They are issue-less. Due to the estrangement in the marital relationship, the petitioner and the respondent had filed OP (Div)No.644/2019 to dissolve their marriage on mutual consent. However, as the terms and conditions in the joint petition could not be fulfilled, the original petition was dismissed. Thereafter, the respondent has filed Annexure I, seeking a decree of divorce. The petitioner is residing at Kottarakkara, which is more than 45 kms from the Family Court, Thiruvalla. There is no person to

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Tr.P (C) No.172 of 2022

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chaperone the petitioner from her parental home to the Family Court, Thiruvalla to defend Annexure I. Hence, the transfer petition.

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Heard; Sri.Sreejith R.Nair, the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.

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The law with respect to transfer of proceedings, particularly matrimonial disputes, is no longer res-integra, in view of the categoric declaration of law by the Hon'ble Supreme Court in Sumitha Sing V. Kumar Sanjay and another [2002 KHC 1889], Mona Aresh Goel V. Aresh Satya Goel [2000 KHC 1835], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [2016 KHC 6489] and Santhini V. Vijaya Venkatesh [2017 (5) KHC 48]. The Hon’ble Supreme Court has held that it is the convenience of the woman and children that has to be looked into, while ordering the transfer of a case from one Court to another.

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Tr.P (C) No.172 of 2022

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In the light of the law laid down in the aforecited decisions, the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, especially the fact that the petitioner is residing in her parental home at Kottarakkara, I am inclined to exercise the

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discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order the transfer of Annexure I.

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In the result, I allow the transfer petition as follows:

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(i) O.P(Div) No. 650/2021 is transferred from the Family Court, Thiruvalla to the Family Court, Kottarakkara.

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(ii) The Registry shall forward a copy of this order to the Family Court, Thiruvalla with instructions to forthwith transmit the records in Annexure I to the Family Court, Kottarakkara.

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Tr.P (C) No.172 of 2022

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(iv) The Family Court, Kottarakkara shall, immediately on the receipt of the records in Annexure I, issue notice to the parties for their appearance.

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SD/-

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Sks/5.7.2022 C.S.DIAS, JUDGE

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Tr.P (C) No.172 of 2022

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APPENDIX OF TR.P(C) 172/2022

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PETITIONER ANNEXURES
Annexure I A TRUE COY OF THE OP(DIV) 650/2021
FILED BEFORE FAMILY COURT,
KOTTARAKKARA.
Annexure IIA TRUE COPY OF THE OP(DIV) 644/2019 ON
THE FILE OF FAMILY COURT, KOTTARAKKARA.

Jovi Mohanan v. Sanil Kumar S

Case brief

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Jovi Mohanan v. Sanil Kumar S

Case brief

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