Allowed

Santhamma P.K v. Radhakrishnan P.C

Kerala HC14 Nov 2023Tr.P(C)/414/2023

Case brief

AI extract

What is this about?

In a transfer petition, the High Court of Kerala allowed the transfer of a matrimonial suit from the Family Court, Ottappalam, to the Family Court, Kozhikode, considering the convenience of the wife who is employed in Kozhikode, citing Supreme Court precedent.

What did the court decide?

The transfer of O.P. No.360/2020 from the Family Court, Ottappalam, to the Family Court, Kozhikode. The transferor Court shall transmit the entire records forthwith.

Santhamma P.K Vs Radhakrishnan P.C — 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. JAYACHANDRAN

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TUESDAY, THE 14TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945
TR.P(C) NO. 414 OF 2023

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IN OP NO.360/2020 OF FAMILY COURT, OTTAPPALAM

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PETITIONER/RESPONDENT:

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SANTHAMMA P.K
AGED 52 YEARS, D/O KUNJAPPAN, VEBLI P.O.,
KOOTTIKKAL PAINUNKAL, PEERUMEDU, IDUKKI.
HEALTH DEPARTMENT, KUNNOTHPARMBU, CHENDAYDE P.O.,
PANOOR, KANNUR DISTRICT (NOW WORKING AT HEALTH
DEPARTMENT, BEYPORE, KOZHIKODE) NOW RESIDING AT E2,
RITHIKA APARTMENTS, EAST HILL, KOZHIKODE DISTRICT,
PIN – 673005.

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BY ADVS.
C.A.NAVAS
T.K.SASIKUMAR
LAYA SIMON

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RESPONDENT/PETITIONER:

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RADHAKRISHNAN P.C.,
S/O KUNJU, KAVILKUNNU HOUSE, KATTUKULAM, OTTAPPALAM
PALAKKAD DISTRICT, PIN – 679101.

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BY ADVS.
T.C.SURESH MENON
B.DEEPAK(K/532/2012)

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C).NO.414 of 2023

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..2..

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O R D E R

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Dated this the 14th day of November, 2023

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The petitioner/wife seeks transfer of O.P.
No.360/2020, pending before the Family Court,
Ottappalam, to the Family Court, Kozhikode. The
transfer is preferred on the ground that the
petitioner is presently employed at Kozhikode and
that it will be convenient for her to conduct
cases, if the Original Petition is transferred to
the Family Court, there.

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2.The learned counsel for the respondent
seriously opposed the application stating that the
only reason stated for transfer is that the
petitioner is gainfully employed at Kozhikode, for
which reason alone, a transfer cannot be allowed.

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Tr.P.(C).NO.414 of 2023

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..3..

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3. Having heard the learned counsel appearing on
both sides, this Court finds that the objection of
the learned counsel for the respondent cannot be
sustained. It is not disputed that the petitioner
is permanently employed at Kozhikode, wherefore,
her convenience in conducting the case at
Kozhikode, in preference to the court at
Ottappalam,certainlydeservesfavourable
consideration.

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4.In view of the authoritative pronouncement of
the Hon'ble Supreme Court in Sumita Singhv. Kumar
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.

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In these circumstances, this Transfer Petition is
allowed directing transfer of O.P. No.360/2020,

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Tr.P.(C).NO.414 of 2023

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..4..

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pending before the Family Court, Ottappalam, to
the Family Court, Kozhikode. The transferor Court
shall transmit the entire records to the
transferee Court, forthwith.

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 Sd/-

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C. JAYACHANDRAN JUDGE

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Skk//20.11.2023

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Tr.P.(C).NO.414 of 2023

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..5..

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APPENDIX OF TR.P(C) NO.414/2023

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PETITIONER’S ANNEXURES:-

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ANNEXURE A1TRUE COPY OF THE IDENTITY CARD ISSUED
BY THE PRIMARY HEALTH CENTER, BEYPURE,
KOZHIKODE
ANNEXURE A2TRUE COPY OF THE ELECTION IDENTITY CARD
NO. YTA 833006 OF THE PETITIONER
ANNEXURE A3TRUE COPY OF THE O.P NO. 360/2020 FILED
BY THE RESPONDENT BEFORE THE HONOURABLE
FAMILY COURT, OTTAPALAM
ANNEXURE A4TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY CONSULTANT ORTHOPEDITION,
GENERAL MEDICARE FOUNDATION DATED
12.05.2023

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RESPONDENT’S ANNEXURES:-

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ANNEXURE-R1(A)TRUE COPY OF THE TREATMENT CERTIFICATE
ISSUED BY THE KIMS AL-SHIFA HOSPITAL,
PERINTHALMANNA, DATED 16.8.2023.

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Tr.P.(C).NO.414 of 2023

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..6..

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APPENDIX OF TR.P(C) NO.706/2023

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PETITIONER’S ANNEXURES:-

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ANNEXURE 1TRUE COPY OF THE O.P.NO:1505/2023 ON
THE FILE OF THE FAMILY COURT, THRISSUR
ALONG WITH ITS NOTICE DATED 21.09.2023
ANNEXURE 2TRUE COPY OF THE ORDER IN TR.P.
(C).NO.278/ 2019 DATED 15.07.2020 OF
THIS HON'BLE COURT

Santhamma P.K v. Radhakrishnan P.C

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Santhamma P.K v. Radhakrishnan P.C

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