Allowed

Lekshmi S., D/O.Sheela v. Rahul Radhakrishnan, S/O.Radhakrishnan

Kerala HC3 Jul 2023Tr.P(C)/136/2023

Case brief

AI extract

What is this about?

Transfer petition filed by wife seeking transfer of pending matrimonial case from Family Court, Mavelikkara to Family Court, Kollam where she resides. Court allowed transfer dismissing husband's objection based on non-party's inconvenience.

What did the court decide?

Record to be forwarded from Family Court, Mavelikkara to Family Court, Kollam to be tried together with pending miscellaneous case.

Lekshmi S., D/O.Sheela Vs Rahul Radhakrishnan… — Matrimonial and Divorce | 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 P.SOMARAJAN

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MONDAY, THE 3^RD DAY OF JULY 2023 / 12TH ASHADHA, 1945 TR.P(C) NO. 136 OF 2023

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(SEEKING TO TRANSFER OF OP(HMA)No.578/2022 PENDING BEFORE THE FAMILY COURT, MAVELIKKARA TO FAMILY COURT, KOLLAM TO TRY ALONG WITH M.C.No.312/2022)

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PETITIONER/RESPONDENT IN O.P:

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LEKSHMI S., D/O.SHEELA AGED 30 YEARS PRASANTHI, H.NO:28, CHINNAKKADA NAGAR, KOLLAM EAST VILLAGE, CHINNAKKADA, KOLLAM, PIN - 691001

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BY ADVS. B.MOHANLAL P.S.PREETHA ASWIN V. NAIR

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RESPONDENT/PETITIONER IN O.P:

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RAHUL RADHAKRISHNAN, S/O.RADHAKRISHNAN

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AGED 32 YEARS,VENGASSERIL RAHUL BHAVAN, BHAGAVATHIPADI, PATHIYOOR EAST, PATHIYOOR P.O., KAYAMKULAM, ALAPPUZHA, PIN - 690508

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BY ADVS. M.G. LISHA M.G. HYMA S.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION

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ON 03.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 136 OF 2023 2

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O R D E R

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The wife came up to get transfer of the case pending before the Family Court, Mavelikkara i.e., in O.P(HMA) No.578/2022 to the Family Court, Kollam, wherein she is permanently residing. An M.C is also pending in that court initiated by the wife against her husband. Husband is now employed abroad. The only objection raised by the respondent is that his father has to travel from Mavelikkara to Kollam for the conduct of the case. It is not the convenience of a person who is not in the party array of the proceedings that has to be taken into consideration and as such by taking into consideration. Hence it is fit and proper to withdraw the case pending before the Family Court, Mavelikkara and to transfer the same to the Family Court, Kollam. Ordered accordingly. Send the records forthwith. The parties shall appear before the transferee court on 24.07.2023.

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TR.P(C) NO. 136 OF 2023 3

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This Tr.P(C) will stand allowed accordingly.

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Sd/P.SOMARAJAN JUDGE

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LEK

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TR.P(C) NO. 136 OF 2023 4

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APPENDIX OF TR.P(C) 136/2023

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PETITIONER ANNEXURES

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Annexure-A1 THE TRUE COPY OF THE PLAINT DATED 11/04/2022 ON THE FILE OF THE FAMILY COURT, MAVELIKKARA IN O.P. (HMA)NO:578/2022. Annexure-A2 THE TRUE COPY OF THE M.C.NO:312/2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOLLAM ON 05/11/2022

Lekshmi S., D/O.Sheela v. Rahul Radhakrishnan, S/O.Radhakrishnan

Case brief

What is this about?

What did the court decide?

Lekshmi S., D/O.Sheela v. Rahul Radhakrishnan, S/O.Radhakrishnan

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

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