Dismissed

Mr. Retheesh Kumar K v. Mrs. Sandhya K. S

Kerala HC16 Nov 2023Tr.P(C)/552/2023

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed Transfer Petitions seeking to move matrimonial petitions from the Family Court, Kasargod, to the Family Court, Pala. The Court held that the original court had natural jurisdiction and petitioner's convenience was not a valid ground barring extraordinary circumstances.

What did the court decide?

Transfer Petitions disallowed; direction given to Family Court, Kasargod to dispense with petitioner's presence except when indispensable.

Mr. Retheesh Kumar K Vs Mrs. Sandhya K. S — 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 16^TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945

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TR.P(C) NO. 551 OF 2023

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AGAINST OP(DIV).NO. 1009/2022 OF FAMILY COURT, KASARAGOD PETITIONER/RESPONDENT IN OP(DIV) NO.1009/2022:

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MR. RETHEESH KUMAR K AGED 40 YEARS S/O P. V. KESHAVAN NAIR, RESIDING AT VADAKKEL HOUSE, MANATHUR, KURINJI P.O, KOTTAYAM DISTRICT -., PIN - 686576 BY ADVS. BHARATH MURALI MANU NAIR G.(K/2361/2021)

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RESPONDENT/PETITIONER IN OP(DIV)NO.1009/2022:

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MRS. SANDHYA K. S AGED 39 YEARS DAUGHTER OF LATE SHANKARAN NAMBIAR, HAVING RESIDENCE AT KANADAN HOUSE, PANATHURP.O, RAJAPURAM, VELLIRIKUNDU TALUK, KASARGODE DISTRICT - , CURRENTLY RESIDING AT IRELAND (ADDRESS NOT KNOWN)., PIN - 671532 BY ADVS. JIJI S M.M.BABY(K/000493/1995)

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C).NOs. 551 & 552 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

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THURSDAY, THE 16^TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,

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1945

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TR.P(C) NO. 552 OF 2023

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AGAINST OP.NO. 989/2022 OF FAMILY COURT, KASARAGOD PETITIONER/RESPONDENT IN OP.NO.989/2022:

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MR. RETHEESH KUMAR K AGED 40 YEARS S/O P. V. KESHAVAN NAIR, RESIDING AT VADAKKEL HOUSE, MANATHUR, KURINJI P.O, KOTTAYAM DISTRICT PIN - 686576 BY ADVS. BHARATH MURALI MANU NAIR G.(K/2361/2021)

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RESPONDENT/PETITIONER IN OP.NO.989/2022:

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MRS. SANDHYA K. S AGED 39 YEARS, DAUGHTER OF LATE SHANKARAN NAMBIAR, HAVING RESIDENCE AT KANADAN HOUSE, PANATHUR P.O, RAJAPURAM, VELLIRIKUNDU TALUK, KASARGODE DISTRICT - , CURRENTLY RESIDING AT IRELAND (ADDRESS NOT KNOWN)., PIN - 671532 BY ADVS. JIJI S M.M.BABY(K/000493/1995)

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C).NOs. 551 & 552 of 2023

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O R D E R Dated this the 16^th day of November, 2023

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The petitioner/husband is seeking transfer of two Original Petitions, O.P.No.1009/2022 & O.P.No.989/2022, both pending before the Family Court, Kasargode to the Family Court, Pala. The ground espoused is that, the Family Court, Pala, also has jurisdiction to try the above Original Petitions and that the petitioner has to travel all the way from Pala to Kasargode, on which days his both children are not in a position to attend the school, since, his parents are aged and bed ridden.

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2. Having heard the learned counsel appearing on both sides, this Court is not inclined to allow the Transfer Petitions afore-referred. The

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Tr.P.(C).NOs. 551 & 552 of 2023

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..4..

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petitioner has no case that the Family Court, Kasargode, has no natural jurisdiction to entertain the above Original Petitions. If that be so, the fact that Family Court, Pala, has also jurisdiction is of no consequence. The second point is pertaining to the convenience of the petitioner/husband. According to the learned counsel, it is highly inconvenient for the petitioner to travel all the way from Pala to Kasargode and to attend the proceedings. The inconvenience which is now faced by the husband will be faced by the wife, in case the transfer sought for is allowed. Law does not contemplate to take into account the convenience of the petitioner/husband, while fixing the forum for adjudication of a matrimonial dispute, except in extra ordinary circumstances. The contention that

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the children are not in a position to attend the school for two days, when the matter is posted before the Family Court, Kasargode is not

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Tr.P.(C).NOs. 551 & 552 of 2023

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..5..

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substantiated before this Court. That apart, this issue can be resolved by giving a direction to the Family Court, Kasargode, not to insist for the presence of the petitioner/husband except on occasions where his presence indispensible.

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3. For the afore-referred reasons, these Transfer Petitions are disallowed, but subject to the above direction to the Family Court to dispense with the presence of the petitioner as indicated above.

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Sd/C. JAYACHANDRAN JUDGE

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Tr.P.(C).NOs. 551 & 552 of 2023

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APPENDIX OF TR.P(C) 551/2023

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PETITIONER ANNEXURES

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Annexure I A TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 16/07/2010 ISSUED BY THE LOCAL REGISTRAR OF KAROOR GRAMA PANCHAYATH Annexure II TRUE COPY OF THE O.P.(DIV)NO.1009 OF 2022 BEFORE THE HONOURABLE FAMILY COURT, KASARGODE DATED 1/11/2022 Annexure III THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL DATED 31/7/2023 IN THE NAME OF PETITIONER'S CHILD DEVANADA NAIR Annexure III (a) THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL DATED 31/7/2023 IN THE NAME OF PETITIONER'S CHILD DEVESH NAIR Annexure IV THE TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL CONSULTANT, GOVERNMENT GENERAL HOSPITAL, PALA DATED 31/7/2023

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Tr.P.(C).NOs. 551 & 552 of 2023

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APPENDIX OF TR.P(C) 552/2023

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PETITIONER ANNEXURES

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Annexure I A TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 16/07/2010 ISSUED BY THE LOCAL REGISTRAR OF KAROOR GRAMA PANCHAYATH. Annexure II TRUE COPY OF THE O.P NO. 989 OF 2022 DATED 01/11/2022 BEFORE THE HONOURABLE FAMILY COURT, KASARGODE. Annexure III TRUE COPY OF THE CERTIFICATES ISSUED BY THE PRINCIPAL, AMBIKA VIDYABHAVAN, PALA. DATED 31/7/2023 Annexure III (a) TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL, AMBIKA VIDYABHAVAN, PALA. DATED 31/7/2023 Annexure IV TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL CONSULTANT, GOVERNMENT GENERAL HOSPITAL, PALA AND ARAVINDA HOSPITAL DATED 31/7/2023

Mr. Retheesh Kumar K v. Mrs. Sandhya K. S

Case brief

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Mr. Retheesh Kumar K v. Mrs. Sandhya K. S

Case brief

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What did the court decide?

What the court decided

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