Allowed

Heba K.R v. Manu Michael

Kerala HC20 Sept 2023Tr.P(C)/130/2023

Case brief

AI extract

What is this about?

The Kerala High Court allowed a transfer petition to move Original Petition No. 1804/2022 from the Family Court, Ernakulam, to the Family Court, Irinjalakkuda. The transfer was granted primarily due to the difficulty for the petitioner's mother in traveling to Ernakulam and to consolidate proceedings with another petition already filed by the petitioner in Irinjalakkuda, as no prejudice was found

What did the court decide?

Original Petition No. 1804/2022 shall stand transferred from the Family Court, Ernakulam, to the Family Court, Irinjalakkuda.

Heba K.R Vs Manu Michael — Civil Procedure and Limitation | Kerala HC (2023)

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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 DEVAN RAMACHANDRAN WEDNESDAY, THE 20^TH DAY OF SEPTEMBER 2023 / 29TH BHADRA,

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1945

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TR.P(C) NO. 130 OF 2023

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OP 1804/2022 OF FAMILY COURT,ERNAKULAM

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PETITIONER:

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HEBA K.RAGED 27 YEARS D/O RAPPAI KUTTIKADAN CHAKKAPPAN, KUTTIKADAN HOUSE, PULINKARA, KUTTICHIRA P.O THRISSUR REPRESENTED BY POWER OF ATTORNEY HOLDER NEENA AGED 51 YEARS W/O RAPPAI KUTTIKADAN CHAKKAPPAN, KUTTIKADAN HOUSE, PULINKARA, KUTTICHIRA P.O THRISSUR, PIN - 680724

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BY ADVS. RAPHAEL THEKKAN T.SAJI RAPHEL LIJO JOHN ALEENA MARIA JOSE M.ARDRA KRISHNAN

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RESPONDENT:

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MANU MICHAEL AGED 32 YEARS S/O MICHAEL A.P ARATTUKULAM, TOG PASS ROAD, KALAMASSERY P.O ERNAKULAM, PIN - 683104

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BY ADVS. RAJESH VIJAYENDRAN ASOK CHACKO THOMAS(K/471/2011)

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Tr.P.(C) No.130/2023

J U D G M E N T

Petitioner seeks that O.P.No.1804/2022 on the files of the Family Court, Ernakulam, be transferred to the Family Court, Irinjalakkuda.

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Sri.T.Saji Raphel, learned counsel for the petitioner, submitted that though his client is now working as a Nurse in the United Kingdom, her mother has been authorised to appear on her behalf to defend the afore Original Petition; and that since the latter is staying at Thrissur, she is finding it very difficult to travel to Ernakulam for this purpose. He thus reiteratingly prayed that the said Original Petition be transferred to the Family Court, Irinjalakuda; particularly because his client has also preferred O.P.No.459/2022 for divorce against the respondent-husband before the said Court, Irinjalakuda, thus rendering it appropriate and convenient that both matters are decided together by the same court.

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Sri.Rajesh Vijayendran, learned counsel for the respondent, did not oppose this Transfer Petition, but added that

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Tr.P.(C) No.130/2023

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his client is attempting a settlement with the petitioner.

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When I evaluate the afore submissions, it is rendered indisputable that since the petitioner's mother finds it difficult to travel to the Family Court, Ernakulam, to contest O.P.No.1804/2022 and since there is no prejudice in this Transfer Petition being allowed even for the respondent since he has, in any case, to contest O.P.No.459/2022 filed for divorce by the petitioner, I deem it necessary to allow this Petition.

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In the afore circumstances and since this Transfer Petition is not opposed, I allow it; and consequently, O.P.No.1804/2022 will stand transferred from the Family Court, Ernakulam to the Family Court, Irinjalakkuda.

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Resultantly, the original petition, on transfer, will be numbered appropriately and the parties notified of further proceedings, as per law.

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(sd/-)

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DEVAN RAMACHANDRAN, JUDGE

jsr/

Tr.P.(C) No.130/2023

APPENDIX OF TR.P(C) 130/2023

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PETITIONER ANNEXURES

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Annexure 1	A TRUE COPY OF THE MARRIAGE CERTIFICATE
	DATED 29.05.2020 ISSUED BY REGISTRAR OF
	MARRIAGE, KALAMASSERY MUNICIPALITY .
Annexure 2	A COPY OF THE PETITION IN O.P. NO. 459 OF 2022 BEFORE THE HON'BLE FAMILY COURT, IRINJALAKUDA.
Annexure A3	TRUE COPY OF THE NOTICE ISSUED TO THE
	RESPONDENT IN O.P 1804 OF 2022 IN
	HON'BLE FAMILY COURT, ERNAKULAM

Heba K.R v. Manu Michael

Case brief

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Heba K.R v. Manu Michael

Case brief

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