Allowed

Swathy v. Ajith.v

Kerala HC6 Nov 2023Tr.P(C)/681/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a transfer petition to shift a matrimonial operation from the Palakkad Family Court to the Ottapalam Family Court on grounds of the petitioner's convenience, citing convenience as a relevant factor for forum selection in matrimonial disputes. The respondent did not appear.

What did the court decide?

Transfer of O.P.No.1206/2023 from Family Court, Palakkad to Family Court, Ottapalam with transmission of records.

Swathy Vs Ajith.v — 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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MONDAY, THE 6^TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945

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TR.P(C) NO. 681 OF 2023

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AGAINST OP.No. 1206/2023 OF FAMILY COURT, PALAKKAD

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PETITIONER/RESPONDENT:

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SWATHY AGED 26 YEARS D/O SATHYAN, AGED 26 YEARS, SREE SHAILAM , VAYANASHALA, LAKKIDI, OTTAPALAM TALUK, PALAKKAD DISTRICT.PIN-678642, PIN - 678642 BY ADV K.RAVI (PARIYARATH)

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RESPONDENT/PETITIONER:

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AJITH.V, AGED 29 YEARS S/O K. VALSAKUMAR, NANDANAM, 21/766(55), SREENIVASA GARDEN, KALLIKKAD, PALLIPURAM, PALAKKAD TALUK, PALAKKAD DISTRICT., PIN - 678006

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C).NO.681 of 2023

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..2..

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O R D E R

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Dated this the 6^th day of November, 2023

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This petition is preferred by the petitioner/wife, seeking transfer of

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O.P.No.1206/2023 from the the Family court, Palakkad to the Family Court, Ottapalam. Transfer is sought for on the ground of convenience of the wife, since she is residing within the limits of Family Court, Ottapalam. Although, notice was served upon the respondent, there is no appearance for him.

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2. In view of the authoritative pronouncement of the Hon'ble Supreme Court in Sumita Singh v. 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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Tr.P.(C).NO.681 of 2023

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..3..

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3. In these circumstances, this Transfer Petition is allowed directing transfer of O.P.No.1206/2023 pending before the Family Court, Palakkad, to the Family Court, Ottapalam. The transferor Court shall transmit all the records to the transferee Court, forthwith.

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Sd/-

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C. JAYACHANDRAN JUDGE

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Tr.P.(C).NO.681 of 2023

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..4..

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APPENDIX OF TR.P(C) 681/2023

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PETITIONER ANNEXURES

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Annexure -1 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER, IN O.P.NO.1206/2023, ON THE FILE OF THE HON'BLE FAMILY COURT, PALAKKAD, CALLING UP ON HER TO APPEAR BEFORE HON'BLE COURT, ON 04.11.22, DATED 12.09.23. Annexure -2 TRUE COPY OF THE NOTICE ALONG WITH I.A. NO. 2/23 IN O.P NO. 1206/2023, ON THE FILE OF THE HON'BLE FAMILY COURT, PALAKKAD, CALLING UP ON THE PETITIONER , TO APPEAR BEFORE THE HON'BLE COURT ON 05.10,23, DATED 13.09.23.

Swathy v. Ajith.v

Case brief

What is this about?

What did the court decide?

Swathy v. Ajith.v

Case brief

What is this about?

What did the court decide?

What the court decided

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