Allowed

Renju v. Vs Shyamlal P.L

Kerala HC10 Jun 2022Tr.P(C)/411/2021

Case brief

AI extract

What is this about?

This transfer petition was filed under Section 24 of the CPC to transfer a restitution of conjugal rights suit from Family Court, Pala to Family Court, Pathanamthitta. The court held that the convenience of the woman and child governs transfers in matrimonial disputes and allowed the petition.

What did the court decide?

Transfer of O.P. No.301/2021 ordered from Family Court, Pala to Family Court, Pathanamthitta.

Renju v Vs Shyamlal P.L — Civil Procedure and Limitation | 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 C.S.DIAS

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FRIDAY, THE 10^TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944 TR.P(C) NO. 411 OF 2021

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OP 301/2021 OF FAMILY COURT, PALA

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PETITIONER/S:

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RENJU V AGED 31 YEARS D/O D/O.VISWANATHAN NAIR, RAJI BHAVAN, EDAPPAVOOR BHAGOM, AYROOR PO, RANNI TALULM PATHANAMTHITTA DT. PIN 689 612

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BY ADV K.K.SATHISH

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RESPONDENT/S:

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SHYAMLAL P.L, AGED 31, S/O LALU, PAMPACKAL HOUSE, ELANKAD KARA, ELANKAD.P.O, KOOTICKAL VILLAGE, KANJIRAPPALLY TALUK, PIN-686514.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 411 OF 2021

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ORDER

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The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P. No.301/2021 (Annexure B) from the Family Court, Pala to the Family Court, Pathanamthitta.

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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 have a two year old daughter born in their wedlock. Due to the matrimonial estrangement between the couple, the respondent has filed Annexure B, seeking a decree for restitution of conjugal rights. The sole intention of the respondent is to harass the petitioner. The petitioner is a permanent resident of Ayroor, Ranni Taluk, which is within the territorial jurisdiction of the Family Court, Pathanamthitta. There is no person to chaperone the petitioner from her residence to Pala to contest Annexure B. The petitioner and her daughter are destitutes. It would be difficult for the petitioner to

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TR.P(C) NO. 411 OF 2021

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travel to Pala. Hence, the transfer petition.

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Heard; the learned counsel appearing for the

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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

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V. Kumar Sanjay and another [(2001)10 SCC 41)], Mona Aresh Goel V. Aresh Satya Goel [(2000) 9 SCC 255], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584] and Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)]. The

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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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In the light of the law laid down in the afore cited decisions, the uncontroverted pleadings and

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TR.P(C) NO. 411 OF 2021

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materials on record, the totality of the facts and circumstances of the case, particularly the fact that the petitioner and her two year old child are residing in Ayroor, Ranni Taluk, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order the transfer of the case.

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In the result, I allow the transfer petition by ordering transfer of O.P.No.301/2021 from the Family Court, Pala to the Family Court, Pathanamthitta. The Registry shall forward a copy of this order to the Family Court, Pala with instructions to forthwith transmit the records in Annexure B to the Family Court, Pathanamthitta. The Family Court, Pathanamthitta shall, immediately on receipt of the records in Annexure B, issue notice to the parties for their appearance.

Sd/-

C.S.DIAS, JUDGE

rkc/10.06.22

TR.P(C) NO. 411 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS

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ANNEXURE A: TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY ST.THOMAS HOSPITAL, MALAKKARA, EDAYARANMULLA PO, PATHANAMTHITTA

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ANNEXURE B: TRUE COPY OF OP NO.301/2021 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, PALA.

Renju v. Vs Shyamlal P.L

Case brief

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Renju v. Vs Shyamlal P.L

Case brief

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