Allowed

Joshna M.K. v. Ganesh Nadar

Kerala HC23 May 2022Tr.P(C)/38/2022

Case brief

AI extract

What is this about?

The Kerala High Court allowed a Transfer Petition under Section 24 CPC, transferring OP(HMA) No.2046/2021 from Family Court, Thiruvananthapuram to Family Court, Kannur. The court held that since O.P.(G&W) No.2331/2021 was previously transferred due to the petitioner's convenience and the residence of minor children in Kannur, the transfer of the current maintenance petition is also warranted for t

What did the court decide?

OP(HMA) No.2046/2021 pending before Family Court, Thiruvananthapuram shall be transferred to Family Court, Kannur.

Joshna M.K. Vs Ganesh Nadar — Matrimonial and Divorce | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

MONDAY, THE 23RD DAY OF MAY 2022 / 2ND JYAISHTA, 1944
TR.P(C) NO. 38 OF 2022

¶5

AGAINST THE ORDER/JUDGMENT IN OP(HMA) NO.2046/2021 OF FAMILY
COURT, TRIVANDRUM

¶6

PETITIONER/RESPONDENT:

¶7

JOSHNA M.K.
AGED 34 YEARS
D/O. JANAKI, ‘AASHIANA’, VARADOOL,
POST MUYYAM, TALIPARAMBA,
KANNUR DISTRICT, PIN 670 142

¶8

BY ADVS.
M.SASINDRAN
SATHEESHAN ALAKKADAN

¶9

RESPONDENT/PETITIONER:

¶10

GANESH NADAR
AGED 37 YEARS
S/O. PARAMESHWARAN NADAR,
THEKKEMALANCHARIVU VEEDU,
ERUTHAVOOR, BALARAMAPURAM P.O,
THIRUVANANTHAPURAM DISTRICT, PIN 695 501

¶11

BY ADV S.JUSTUS

¶12

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

¶14

TR.P(C) NO. 38 OF 2022

¶15

O R D E R

¶16

Dated this the 23^rd day of May, 2022

¶17

In this Transfer Petition filed under Section 24 of the Code of Civil Procedure, the petitioner, who is the wife of the respondent, seeks transfer of OP(HMA).No.2046/2021 pending before the Family Court, Thiruvananthapuram to Family Court, Kannur.

¶18

Heard both sides.

¶19

The learned counsel for the respondent opposed the transfer on the submission that the elder child has been studying in Kendriya Vidyalaya, Thiruvananthapuram and, therefore, transferring this petition would be hazardous to the elder child's education.

¶20

Whereas the learned counsel for the petitioner argued that the petitioner along with 2 minor children have been residing in Kannur and the petitioner had shifted the education of the elder child to Kendriya Vidyalaya, Kannur,

¶21

TR.P(C) NO. 38 OF 2022

¶22

¶23

by way of transfer.

¶24

Here, the learned counsel for the petitioner further argued that based on the convenience of the petitioner, O.P. (G&W) No.2331/2021 already transfered by this Court when transfer petition No.715/2021 was considered on merits. Accordingly, he pressed for transfer of this matter also.

¶25

In cases involving custody of minors, place of residence of `ward' assumes significance. In view of this legal position, the earlier transfer petition No.715/2021 was allowed by this Court. Having considered the facts of the case within the ambit of this principle, I am of the view that the Transfer Petition can be allowed.

¶26

In the result, this Transfer Petition is allowed, taking convenience of the wife and minor children. Therefore, OP(HMA).No.2046/2021 pending before the Family Court, Thiruvananthapuram, shall stand transferred to Family Court, Kannur. The Family Court, Thiruvananthapuram is directed to forward the case records to the Family Court,

¶27

¶28

TR.P(C) NO. 38 OF 2022

¶29

Kannur, forthwith. Parties shall appear before the Family Court, Kannur, 20.06.2022.

¶30

Registry shall forward a copy of this order to the Family Court, Thiruvananthapuram and Family Court, Kannur, within seven days for information and compliance.

¶31

Sd/-

¶32

A. BADHARUDEEN JUDGE

¶33

nkr

¶34

¶35

TR.P(C) NO. 38 OF 2022

¶36

APPENDIX OF TR.P(C) 38/2022

¶37

PETITIONER ANNEXURES

¶38

Annexure A1A TRUE COPY OF THE O.P(H.M.A) NO.
2046/2021 FILED BY THE RESPONDENT
BEFORE THE FAMILY COURT,
THIRUVANANTHAPURAM DATED 20-09-2021

¶39

Annexure A2A TRUE COPY OF THE NOTICE DATED 29-12-
2021 ISSUED TO THE PETITIONER BY THE
FAMILY COURT, THIRUVANANTHAPURAM

¶40

Annexure A3A TRUE COPY OF THE INTERIM ORDER DATED
30-11-2021 IN IA NO.1/2021 IN TR.P.C
NO. 715/2021 BEFORE THIS HON'BLE COURT

¶41

Annexure A4A TRUE COPY OF THE M.C NO. 395/2021
PENDING BEFORE THE FAMILY COURT,
KANNUR FILED BY THE PETITIONER DATED
15-11-2021

¶42

Annexure A5A TRUE COPY OF THE O.P NO.1308/2021 ON
THE FILES OF FAMILY COURT, KANNUR
FILED BY THE PETITIONER DATED 15-11-
2021

Joshna M.K. v. Ganesh Nadar

Case brief

What is this about?

What did the court decide?

Joshna M.K. v. Ganesh Nadar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Laxmi Renjith Vs Renjith P.S.

Laxmi Renjith, Vs Renjith P.S

Rajan Pillai Vs Gopinathan Nair

Jitha Sajeevan Vs Vineshmon

Mohana Dasan Vs Vijayan C K

Baiju Varghese Vs Sivan Pillai