This Transfer Petition (C) sought to move a divorce petition from the Family Court, Kasargod. The court, prioritizing convenience for both parties given the wife's employment in Muvattupuzha, ordered transfer to the Family Court, Ernakulam instead.
O.P. No.23/2022 transferred from Family Court, Kasargod to Family Court, Ernakulam, with record transmission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944
TR.P(C) NO. 73 OF 2022
IN OP 23/2022 OF FAMILY COURT, KASARAGOD
PETITIONER:
MANISHA M.
AGED 27 YEARS
D/O.MAHESH R., RESIDING AT INDRANEELAM, CHANNANIKADU
P.O., PANACHIKKAD VILLAGE, KOTTAYAM DISTRICT,
PIN - 686 533.
BY ADV PRIYA R CHANDRAN
RESPONDENT:
UMESH SHANKER
AGED 30 YEARS
S/O.UMA SANKAR C.V., RESIDING AT SARASWATHI MADOM,
POLLAPPOYIL, KODAKKAD VILLAGE, KODAKKAD P.O.,
HOSDURG TALUK, KASARAGOD DIST., PIN - 671 310.
BY ADVS.
K.JAYESH MOHANKUMAR
VANDANA MENON
VIMAL VIJAY
PUSHPARAJAN KODOTH
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NO. 73 OF 2022 2
ORDER
The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.23/2022 from the Family Court, Kasargod to the Family Court, Ettumanoor.
counsel appearing for the petitioner and Sri. K.Jayesh
TR.P(C) NO. 73 OF 2022 3
Mohankumar, the learned counsel appearing for the respondent.
TR.P(C) NO. 73 OF 2022 4
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.
TR.P(C) NO. 73 OF 2022 5
In the result, I allow the transfer petition as follows:(i) O.P No.23/2022 is transferred from the Family
Court, Kasargod to the Family Court, Ernakulam.
(ii) The Registry shall forward a copy of this order to the Family Court, Kasargod with instructions to forthwith transmit the records in O.P. No.23/2022 to the Family Court, Ernakulam.
(iv) The Family Court, Ernakulam shall, immediately on the receipt of the records in O.P. No.23/2022, issue notice to the parties for their appearance.
Sd/-
C.S.DIAS, JUDGE
rmm/05/07/2022
TR.P(C) NO. 73 OF 2022 6
APPENDIX OF TR.P(C) 73/2022
PETITIONER ANNEXURES
Annexure ITRUE COPY OF OP NO.23 OF 2022 ON THE FILE
OF FAMILY COURT, KASARGOD (IA &
AFFIDAVIT).
2 issues framed by the court
Whether the matrimonial petition O.P. No.23/2022 should be transferred from Family Court, Kasargod to Family Court, Ettumanoor or Family Court, Ernakulam.
Whether the convenience of the parties and employment location of the wife govern the transfer of matrimonial proceedings.
Colour shows how this judgement treated each authority
Sumitha Sing V. Kumar Sanjay and anotherDistinguished¶22
Sumitha Sing V. Kumar Sanjay and another [2002 KHC 1889]
Mona Aresh Goel V. Aresh Satya GoelDistinguished¶22
Mona Aresh Goel V. Aresh Satya Goel [2000 KHC 1835]
Vaishali Shridhar Jagtap V. Shridhar Vishwanath JagtapDistinguished¶22
Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [2016 KHC 6489]
Santhini V. Vijaya VenkateshDistinguished¶22
Santhini V. Vijaya Venkatesh [2017 (5) KHC 48]
1 provisions across 1 enactments
Manisha M.
Umesh Shanker
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.S. Dias
Parties & counsel