Allowed

Sha Gopinath v. Deepak Raman Nair

Kerala HC6 Jun 2022Tr.P(C)/200/2020

Case brief

AI extract

What is this about?

On 6.6.2022, the Kerala High Court allowed a transfer petition filed by the wife to move a pending divorce case from the Family Court, Irinjalakuda, to the Family Court, Alappuzha. The court held that the wife's convenience regarding distance and proximity to her residence justified the transfer.

What did the court decide?

Transfer of Operative Proceedings No. 1129 of 2019 from Family Court, Irinjalakuda to Family Court, Alappuzha; respondent to file response.

Sha Gopinath Vs Deepak Raman 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
MONDAY, THE 6TH DAY OF JUNE 2022 / 16TH JYAISHTA, 1944
TR.P(C) NO. 200 OF 2020

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OP 1129/2019 OF FAMILY COURT, IRINJALAKUDA

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PETITIONER/S:

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SHA GOPINATH
AGED 33 YEARS
D/O GOPINATH, MANTHURUTHI HOUSE, KANNANKARA
THAKAZHI, AMBALAPPUZHA P.O.ALAPPUZHA-688 561.
BY ADV RESMI NANDANAN

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RESPONDENT/S:

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DEEPAK RAMAN NAIR,
AGED 39 YEARS
PARAPPOOKKARA, RAPPAL, PUTHUKKADU P.O.-680 301.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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TR.P(C) NO. 200 OF 2020

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-2-

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ORDER

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(Dated this the 6^th day of June 2022)

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The petitioner/wife has filed this Transfer Petition to transfer O.P. No.1129 of 2019 pending before the Family Court, Irinjalakuda to the Family Court, Alappuzha.

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The marriage between the petitioner and the respondent was solemnised at Ambalappzha Sree Krishna Swamy Temple on 26.5.2016. On 1.12.2018 the petitioner returned to her home as the relationship got strained. Thereafter, the respondent husband filed O.P. No.1129 of 2019 before the Family Court, Irinjalakuda for divorce. The petitioner has already moved the Family Court, Alappuzha with O.P. No.849 of 2020 for return of gold ornaments.

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The learned counsel for the petitioner submitted that the notice from the Family Court, Alappuzha in O.P. No.849 of 2020 is already served on the respondent. She further submits that the distance between Irinjalakuda and Ambalapuzha is more than 150 Kms. and it is difficult for

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TR.P(C) NO. 200 OF 2020

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-3-

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her to attend the Family Court, Irinjalakuda on posting dates. The counsel also submits that M.C. No.33 of 2020 is also filed claiming maintenance before the Family Court, Alappuzha. The Family Court, Alappuzha is very close to her house and hence, she prays for transfer.

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Notice was directed to be served through the counsel appearing for the respondent before the court below and file a memo. The counsel submits that the notice is served on the counsel appearing for the respondent before the court below and filed a memo evidencing service. But, there is no appearance for the respondent.

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Taking into consideration of the facts and circumstances of the case, I am satisfied with the reasons for transfer stated by the petitioner. Moreover, as held by the Hon'ble Supreme Court in Sumita Singh v. Kumar Sanjay and another [(2001) 10 SCC 41], Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi [(2005) 12 SCC 237] and a plethora of other decisions, in transfer petitions

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TR.P(C) NO. 200 OF 2020

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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. No.1129 of 2019 pending before the Family Court, Irinjalakuda to the Family Court, Alappuzha. The Family court, Irinjalakuda is directed to transmit the records immediately to the Family court, Alappuzha and on receipt of the records, the Family court, Alappuzha shall issue notice to both the parties and dispose of the case in accordance with law.

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BASANT BALAJI, JUDGE

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dl/

Sha Gopinath v. Deepak Raman Nair

Case brief

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Sha Gopinath v. Deepak Raman Nair

Case brief

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