Allowed

Rubeena D v. Joby John

Kerala HC9 Nov 2023Tr.P(C)/453/2023

Case brief

AI extract

What is this about?

High Court of Kerala allowed two Transfer Petitions (Tr.P(C)Nos. 453 & 466 of 2023) seeking transfer of matrimonial Original Petitions from Family Court, Kattapana to Family Court, Malappuram. The Court held that the wife's convenience is a material factor for fixing the matrimonial forum and directed the transferor Court to transmit records forthwith.

What did the court decide?

Transfer of O.P.No.416/2023 and O.P.No.424/2023 from Family Court, Kattapana to Family Court, Malappuram.

Rubeena D Vs Joby John — 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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THURSDAY, THE 9^TH DAY OF NOVEMBER 2023 / 18TH KARTHIKA, 1945

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TR.P(C) NO. 453 OF 2023

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AGAINST THE ORDER/JUDGMENT OP 416/2023 OF FAMILY COURT, KATTAPPANA PETITIONER/RESPONDENT:

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RUBEENA D AGED 26 YEARS D/O. ABDUL LATHEEF. D., PADINJAREKOTTAYIL PURAYIL HOUSE, PULLIPARAMBA KARA, PULLIPARAMBA.P.O., CHELAMBRA VILLAGE, KONDOTTI TALUK, MALAPPURAM DISTRICT, PIN - 673634 BY ADVS. DINESH MATHEW J.MURICKEN VINOD S. PILLAI NAYANA VARGHESE AHAMMAD SACHIN K.

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RESPONDENT/PETITIONER:

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JOBY JOHN AGED 36 YEARS S/O.JOHN, KUNNITHARAYIL HOUSE, ANAKKARA P.O., CHELLARKOVIL KARA, ANAKKARA VILLAGE, UDUMBANCHOLATALUK, IDUKKI DISTRICT, PIN - 685512 BY ADV Abdul Rasac

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C).Nos.453 & 466 of 2023

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..2..

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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 THURSDAY, THE 9^TH DAY OF NOVEMBER 2023 / 18TH KARTHIKA,

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1945

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TR.P(C) NO. 466 OF 2023

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AGAINST THE ORDER/JUDGMENT OP 424/2023 OF FAMILY COURT,

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KATTAPPANA

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PETITIONER/RESPONDENT:

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RUBEENA D AGED 26 YEARS D/O. ABDUL LATHEEF.D., PADINJAREKOTTAYIL PURAYIL HOUSE, PULLIPARAMBA KARA, PULLIPARAMBA.P.O., CHELAMBRA VILLAGE, KONDOTTI TALUK, MALAPPURAM DISTRICT, PIN - 673634 BY ADVS. DINESH MATHEW J.MURICKEN VINOD S. PILLAI NAYANA VARGHESE AHAMMAD SACHIN K.

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RESPONDENT/PETITIONER:

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JOBY JOHN AGED 36 YEARS S/O.JOHN, KUNNITHARAYIL HOUSE, ANAKKARA P.O., CHELLARKOVIL KARA, ANAKKARA VILLAGE, UDUMBANCHOLATALUK, IDUKKI DISTRICT, PIN - 685512 BY ADV Abdul Rasac

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C).Nos.453 & 466 of 2023

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..3..

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Tr.P(C)No.453 of 2023 & Tr.P(C)No.466 of 2023

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---------------------------------

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COMMON ORDER

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Dated this the 9^th day of November, 2023

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The Transfer petitions afore referred are seeking transfer of O.P.Nos.416/2023 and 424/2023, both, pending before the Family Court, Kattapana, to the Family Court, Malappuram. The transfers are

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premised on the convenience of the petitioner/wife, since she is residing within the jurisdictional limits of the Family Court, Malappuram.

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2. Notice was served upon respondent.

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Tr.P.(C).Nos.453 & 466 of 2023

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..4..

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3. Heard the learned counsel for the petitioner and the respondent. Learned counsel for the respondent would submit that, his child was taken away by the petitioner forcefully to Malappuram, while she was studying in a school at Kattapana. This Court is of the view that, the said objection has nothing to do with the transfer sought for.

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4. In view of the authoritative pronouncement of the Hon'ble Supreme Court in Sumita Singh v. Kumar Sanjay & another [(2001) 10 SCC 41], the

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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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5. In these circumstances, these Transfer Petitions are allowed directing transfer of O.P.No.416 of 2023 & O.P.No.424 of 2023, pending before the Family Court, Kattapana, to the Family

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Tr.P.(C).Nos.453 & 466 of 2023

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..5..

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Court, Malappuram. The transferor Court shall transmit all the records to the transferee Court,

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forthwith.

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Sd/- C. JAYACHANDRAN JUDGE

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Tr.P.(C).Nos.453 & 466 of 2023

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..6..

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APPENDIX OF TR.P(C) 453/2023

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PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE O.P.NO.416/2023 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, KATTAPPANA DATED 09.06.2023

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Tr.P.(C).Nos.453 & 466 of 2023

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..7..

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APPENDIX OF TR.P(C) 466/2023

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PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE O.P.NO.424/2023 ON THE FILE OF FAMILY COURT, KATTAPANA DATED 08.06.2023

Rubeena D v. Joby John

Case brief

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Rubeena D v. Joby John

Case brief

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