The High Court of Kerala allowed a Transfer Petition seeking the transfer of a matrimonial order from the Family Court, Alappuzha to the Family Court, Punalur, citing the convenience of the wife as a material factor.
Transfer of O.P. No. 821/2021 from Family Court, Alappuzha to Family Court, Punalur.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 10TH DAY OF NOVEMBER 2023 / 19TH KARTHIKA, 1945
TR.P(C) NO. 281 OF 2023
AGAINST OP 821/2021 OF FAMILY COURT, ALAPPUZHA
PETITIONER/PETITIONER:
AMEENA IBRAHIM. AGED 36 YEARS D/O M. IBRAHIMKUTTY, , R/AT PEEDIKAYIL MAHDI MANZIL, VILAKKUDI P.O, KOLLAM DISTRICT., PIN - 691508 BY ADVS. ANTONY THOMAS RAHIB K.Y MOHAMMED HASEEB AHMED V.M.
RESPONDENT/RESPONDENT:
SULFIKKAR ALI M, AGED 43 YEARS S/O MAHIN, R/AT HOUSE NO.4/55 KADAMPUARTH VILLAI VEED, KOZHIVILAI, KULAPPURAM VILLAGE, VILAVANKODE TALUK, KANYAKUMARI DISTRICT. TAMILNADU., PIN - 629163
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C).NO.281 of 2023
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O R D E R
Dated this the 10th day of November, 2023
Notice issued to the respondent was returned unclaimed. That apart, pursuant to the directions issued by this Court, the respondent was served through the counsel appearing in the court below, to which effect a memo is filed by the learned counsel for the petitioner.
2. This petition is preferred by the
petitioner/wife, seeking transfer of O.P.No.821/2021 from the Family court, Alappuzha to the Family Court, Punalur. Transfer is sought for on the ground of convenience of the wife, since she is residing within the limits of the transferee court.
3. In view of the authoritative pronouncement of
the Hon'ble Supreme Court in Sumita Singh v. Kumar
Tr.P.(C).NO.281 of 2023
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Sanjay & another [(2001) 10 SCC 41], the convenience of the wife is certainly a matter to be taken into consideration, while fixing the forum in respect of matrimonial disputes.
4. In these circumstances, this Transfer Petition is allowed directing transfer of O.P.No.821/2021 pending before the Family Court, Alappuzha, to the Family Court, Punalur. The transferor Court shall transmit all the records to the transferee Court, forthwith.
Sd/-
C. JAYACHANDRAN JUDGE
TR
Tr.P.(C).NO.281 of 2023
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APPENDIX OF TR.P(C) 281/2023
PETITIONER ANNEXURES Annexure A TRUE COPY OF THE PETITION FILED BY THE PETITIONER AGAINST RESPONDENT AS OP.NO.821/2021 ON THE FILES OF FAMILY COURT, ALAPPUZHA
1 issue framed by the court
Whether the Transfer Petition should be allowed on the ground of convenience of the wife residing within the limits of the transferee court.
Colour shows how this judgement treated each authority
Sumita Singh v. Kumar Sanjay & anotherRelied on¶3
Sumita Singh v. Kumar Sanjay & another [(2001) 10 SCC 41] · Who else cites this
Ameena Ibrahim
Sulriffar Ali M
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
