Allowed

Remya Mohandas v. Vijesh Vijayan

Kerala HC19 Sept 2023Tr.P(C)/165/2023

Case brief

AI extract

What is this about?

This order allowed the transfer of O.P.No.556/2023, a divorce petition, from the Family Court, Punalur, to the Family Court, Pathanamthitta. The High Court, noting the petitioner's residence at Pathanamthitta and her responsibility for a minor child studying there, found the original court's location inconvenient.

What did the court decide?

O.P No.556/2023 stood transferred from the Family Court Punalur to the Family Court, Pathanamthitta.

Remya Mohandas Vs Vijesh Vijayan — Service and Employment | 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

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TUESDAY, THE 19TH DAY OF SEPTEMBER 2023 / 28TH BHADRA, 1945

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TR.P(C) NO. 165 OF 2023

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TO TRANSFER OP(OTHERS) 556/2023 ON THE FILE OF FAMILY COURT, PUNALUR

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TO FAMILY COURT, PATHANAMTHITTA

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PETITIONER/RESPONDENT:

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REMYA MOHANDAS
AGED 36 YEARS
D/O. REMANI, PEZHUMKATTIL MURUPPEL HOUSE, NANNUVAKAD,
PATHANAMTHITTA, PIN - 689645
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)

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RESPONDENT/PETITIONER:

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VIJESH VIJAYAN
AGED 38 YEARS
S/O. VIJAYAN, VENKULAM VIJESH NIVAS, EDAVA VILLAGE,
VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT, PIN-695311,
NOW RESIDING AT SREEKRISHNA RESIDENCY, ANCHAL P.O.,
ANCHAL, KOLLAM, PIN - 691306

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 165 OF 2023

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O R D E R

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The petitioner seeks that O.P.No.556/2023,

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on the files of the Family Court, Punalur, be
transferred to that at Pathanamthitta, since she
is residing within its territorial jurisdiction
and is finding it extremely inconvenient to
travel to Punalur to contest the same.

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2.Sri.D.Kishore – learned counsel for the
petitioner, explained that the afore Original
Petition was filed by his client’s husband –
respondent, seeking divorce; and that on account
of the matrimonial disputes between them, she

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has been constrained to shift to her parental

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house at Pathanamthitta. He added that

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petitioner is in charge of her eleven year old
child, who is now studying in the VI standard in
a School at Pathanamthitta; and therefore, is

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TR.P(C) NO. 165 OF 2023

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finding it more difficult to travel to Punalur

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to defend the afore Original Petition. He,

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therefore, prayed that this transfer petition be
allowed.

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3.The records reveal that, through several

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attempts, notice to the respondent has now been
completed. This Court had also allowed the
petitioner to take out notice to him by
affixture, which has now been reported to be
done. Obviously, therefore, this Court is left
without any other option, but to consider this
transfer petition in his absence.

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4.I have examined the pleadings on record

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and it is uncontested that the petitioner is

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residing at Pathanamthitta, which is nearly 50

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km away from Punalur. Obviously, she will find

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it difficult to travel every time the case is

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listed there, particularly because she is in

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TR.P(C) NO. 165 OF 2023

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charge of her minor child, who will have to be

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left without proper care and attention, whenever
she will have to do so.

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In the afore circumstances, this transfer
petition is allowed and O.P No.556/2023 will
stand transferred from the Family Court Punalur
to the Family Court, Pathanamthitta.

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Consequently, the Original Petition, on

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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

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JUDGE

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SAS

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TR.P(C) NO. 165 OF 2023

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APPENDIX OF TR.P(C) 165/2023

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PETITIONER’S ANNEXURES:

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Annexure -ITRUE COPY OF THE MEMORANDUM OF O.P.(OTHERS)
NO.261/2021 DATED 29.7.2021 ON THE FILE OF
FAMILY COURT, KOTTARAKKARA
Annexure -IITRUE COPY OF THE MEMORANDUM OF O.P1414/2021
DATED 10.12.2021 ON THE FILE OF FAMILY COURT,
PATHANAMTHITTA

Remya Mohandas v. Vijesh Vijayan

Case brief

What is this about?

What did the court decide?

Remya Mohandas v. Vijesh Vijayan

Case brief

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