Allowed

Anagha T Murali v. Praveen Mohan

Kerala HC23 Feb 2023Tr.P(C)/3/2023

Case brief

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What is this about?

The Kerala High Court allowed a transfer petition filed under Section 24 of the CPC. The petitioners sought to transfer a family dispute hearing from the Family Court, Irinjalakuda, to the Family Court, Ernakulam. The Court transferred the order based on the resident presence of the wife and minor children in Ernakulam versus the husband's presence in Mumbai, prioritizing their convenience.

What did the court decide?

Original Petition No. 554/2021 is transferred from the Family Court, Irinjalakuda to the Family Court, Ernakulam, with instructions to transmit records.

Anagha T Murali Vs Praveen Mohan — 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 C.S.DIAS

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THURSDAY, THE 23RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944

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TR.P(C) NO. 3 OF 2023

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OP 554/2021 OF FAMILY COURT, IRINJALAKUDA

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PETITIONERS/RESPONDENTS:

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1 ANAGHA T MURALI

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AGED 36 YEARS

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D/O. MURALI, ANUGRAHAM HOUSE, MANAVALLSHERY VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR, PIN - 680121

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2VINODINI

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AGED 66 YEARS

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W/O. MURALI, ANUGRAHAM HOUSE, MANAVALLSHERY VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR, PIN - 680121

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BY ADVS.
ANUPAMA SUBRAMANIAN
K.R.SRIPATHI

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RESPONDENT/PETITIONER:

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PRAVEEN MOHAN
AGED 45 YEARS
S/O. MOHAN, SIVAPRIYA, U-80, TC 7/954, SHIVAPRIYA,
UDAYANNUR DEVI TEMPLE LANE, MARUTHAMKUZHI,
THIRUVANATHAPURAM, PIN – 695030,
NOW RESIDING AT FLAT A-903, SIDHIVINYAK UTOPIA, PLOT
NO.191, SECTOR -20, ULWE, MUMBAI - 410206

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BY ADVS.
K MANOJ CHANDRAN K
AMMU CHARLES

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 3 OF 2023 2

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ORDER

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The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P. No.554/2021 (Annexure 1) from the Family Court, Irinjalakuda to the Family Court, Ernakulam.

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The petitioners’ case, in brief, in the

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memorandum of transfer petition is that, the first petitioner is the wife of the respondent. They have two minor children born in their wedlock. The second petitioner is the mother of the first petitioner. The martial relationship between the first petitioner and the respondent is strained. The petitioners and the children of the couple are residing in Ernakulam. The respondent is employed in Mumbai. It would be difficult for them to contest Annexure 1 before the Family Court, Irinjalakuda. Hence, the transfer petition.

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Heard; Smt. Anupama Subramanian, the learned

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counsel appearing for the petitioners and Sri. K. Manoj

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

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Chandran, the learned counsel appearing for the respondent.

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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 V. Kumar Sanjay and another [2002 KHC 1889], Mona Aresh Goel V. Aresh Satya Goel [2000 KHC 1835], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [2016 KHC 6489], Santhini V. Vijaya Venkatesh [2017 (5) KHC 48] and Aiswarya N.C.V. v. A.S. Saravana Karthik Sha [2022 (5) KHC 185(SC)]. 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.

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In the light of the law laid down in the afore-cited decisions, the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the

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TR.P(C) NO. 3 OF 2023 4

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case, particularly the fact that the petitioners and the two children are residing within the jurisdiction of the Family Court, Ernakulam and that the respondent is employed in Mumbai, 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 Annexure 1.

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In the result, I allow the transfer petition as follows:-

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(i) O.P No.554/2021 is transferred from the Family

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Court, Irinjalakuda to the Family Court, Ernakulam.

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(ii) The Registry shall forward a copy of this order to the Family Court, Irinjalakuda with instructions to forthwith transmit the records in Annexure 1 to the Family Court, Ernakulam.

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(iii) The Family Court, Ernakulam shall, immediately on the receipt of the records in Annexure 1, issue notice to the parties for their appearance.

Sd/-

C.S.DIAS, JUDGE

rmm/23/02/2023

TR.P(C) NO. 3 OF 2023 5

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APPENDIX OF TR.P(C) 3/2023

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PETITIONER ANNEXURES

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Annexure 1A TRUE COPY OF THE ORIGINAL PETITION NO.
554 OF 2021 FILED BEFORE THE HON'BLE
FAMILY COURT, IRINJALAKUDA

Anagha T Murali v. Praveen Mohan

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Anagha T Murali v. Praveen Mohan

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