Allowed

Sruthi L. Nair v. Deepu K. Nair

Kerala HC30 May 2022Tr.P(C)/174/2020

Case brief

AI extract

What is this about?

This judgment allows a Transfer Petition filed by a wife. The wife sought to transfer a restitution of conjugal rights suit pending in Thiruvananthapuram to Mavelikkara due to distance constraints and childcare difficulties, citing relevant Supreme Court precedents favoring the wife's convenience.

What did the court decide?

Tr.P(C) No. 174 of 2020 is allowed; O.P. No.287 of 2020 is transferred from Family Court, Thiruvananthapuram to Family Court, Mavelikkara.

Sruthi L. Nair Vs Deepu K. Nair — 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 BASANT BALAJI

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MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944

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TR.P(C) NO. 174 OF 2020

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OP 287/2020 OF FAMILY COURT,THIRUVANANTHAPURAM TO THE FAMILY
COURT, MAVELIKKARA

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PETITIONER/S:

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SRUTHI L. NAIR
AGED 24 YEARS
D/O. K. HARIKUMAR, PALATHITTETHU HOUSE, VETTUVENI
MURI, KARTHIKAPALLY TALUK, HARIPAD P. O.,
ALAPPUZHA - 690 514.
BY ADVS.
RINNY STEPHEN CHAMAPARAMPIL
SMT.ASHA ELIZABETH MATHEW

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RESPONDENT/S:

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DEEPU K. NAIR
AGED 33 YEARS
S/O. KRISHNAN NAIR, DEEPALAYAM, ARUVIKKARA P. O.,
THIRUVANANTHAPURAM - 695 564., NOW RESIDING AT
THIRUVATHIRA, KAIRALI NAGAR, PEYAD P. O.,
THIRUVANANTHAPURAM - 695 573.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.05.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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TR.P(C) NO. 174 OF 2020

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-2-

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ORDER

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(Dated this the 30^th day of May 2022)

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The petitioner wife has filed this petition to transfer

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O.P. No.287 of 2020 pending before the Family Court, Thiruvananthapuram to the Family Court, Mavelikkara. The said O.P. is filed by the respondent husband for restitution of conjugal rights.

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The petitioner has already moved the Family Court,

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Mavelikkara with O.P. No.1310 of 2019 for a decree of divorce and O.P. No.1349 of 2019 for return of gold ornaments and money. It is after the receipt of notices on these two cases, that the respondent has filed O.P. No.287 of 2020 before the Family Court, Thiruvananthapuram.

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The petitioner submits that the distance between the Family

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TR.P(C) NO. 174 OF 2020

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-3-

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Court, Thiruvananthapuram and her residence is 120

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kilometers and it takes around four hours to reach the Family Court, Thiruvananthapuram. It is very difficult to travel such a long distance on every posting dates of hearing with her child aged 2 years old, submits the petitioner. The father of the petitioner died in a road accident and there is nobody to accompany her to the Family Court, Thiruvananthapuram. On these reasons, she

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prays for the transfer of the case to the Family Court, Mavelikkara.

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Though notice issued was served on the

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respondent, there is no appearance for him.

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I am satisfied with the reasons for transfer stated

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by the petitioner. Moreover, as held by the Hon'ble

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TR.P(C) NO. 174 OF 2020

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Supreme Court in Sumita Singh v. Kumar Sanjay and another [(2001) 10 SCC 41], Rajani Kishore Pardesh v.

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Kishore Babulal Pardesh [(2005) 1 SCC 237] and a plethora of other decisions, in transfer petitions arising from matrimonial cases, convenience of the wife should be preferred over that of the husband.

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In the result, this Transfer Petition is allowed, transferring O.P. Nos.287 of 2020 pending before the Family Court, Thiruvananthapuram to the Family Court, Mavelikkara. The Family court, Thiruvananthapuram shall transmit the records immediately to the Family Court, Mavelikkara.

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SD BASANT BALAJI, JUDGE

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dl/

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TR.P(C) NO. 174 OF 2020

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APPENDIX OF TR.P(C) 174/2020

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PETITIONER ANNEXURES

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ANNEXURE A

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A TRUE COPY OF THE ORIGINAL PETITION IN
O.P.NO.287/2020 OF THE FAMILY COURT,
THIRUVANANTHAPURAM.

Sruthi L. Nair v. Deepu K. Nair

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Sruthi L. Nair v. Deepu K. Nair

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