Allowed

Lekshmi S.Indran, W/o.Rejin Ramesh v. Rejin Ramesh, S/O.Ramesh Vijayan

Kerala HC13 Sept 2023Tr.P(C)/84/2023

Case brief

AI extract

What is this about?

Transfer petition filed to move two original petitions from Family Court, Nedumangad to Family Court, Kottarakkara due to jurisdictional convenience and to consolidate pending matters. Petitioner argued travel distance and childcare issues for her minor child. Court allowed transfer on the same day.

What did the court decide?

Order allows the transfer petition and directs the transfer of Original Petitions 1713/2022 and 1731/2022 from Family Court, Nedumangad to Family Court, Kottarakkara.

Lekshmi S.Indran, W/o.Rejin Ramesh Vs Rejin Ramesh… — Service and Employment | 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 DEVAN RAMACHANDRAN

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WEDNESDAY, THE 13^TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945

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TR.P(C) NO. 84 OF 2023

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OP 1713/2022 & 1731/2022 OF FAMILY COURT, NEDUMANGAD

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PETITIONER:

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LEKSHMI S.INDRAN, W/O.REJIN RAMESH, AGED 29 YEARS, AMARAVILA HOUSE, MEEYANNOOR, POOYAPPALLY P.O., KOTTARAKKARA, KOLLAM-691 537. (FROM SREESAILAM, CHITTUMALA, EAST KALLADA P.O., KOLLAM), PIN - 691502

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BY ADVS. B.MOHANLAL ASWIN V. NAIR

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RESPONDENT:

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REJIN RAMESH, S/O.RAMESH VIJAYAN, AGED 31 YEARS, NARAYANA BHAVAN, MYLAKKUZHY, VALIYAKATTAKKAL, VENJARANMOOD P.O., THIRUVANANTHAPURAM, PIN - 695607

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 84 OF 2023

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ORDER

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The petitioner seeks that OP Nos.1713/2022 and

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1731/2022 on the files of the Family Court, Nedumangad be transferred to the Family Court, Kottarakkara, so that they can be decided along with OP No.98/2023 and

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OP(G&W)No.64/2023, already pending before the said Court.

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Sri.C.S.Manu – learned counsel for the petitioner, submitted that, after the marital relationship between his client and the respondent got strained, she is residing at Pooyapally within the territorial jurisdiction of the Family Court, Kottarakkara, and that she has to travel more than 130 kilometres to reach the Family Court, Nedumangad. He added that this is causing greater prejudice to her minor child because, when the petitioner is to attend the hearings, he will have to be left without proper care. He, therefore, reiteratingly prayed that the afore Original Petitions be transferred to the Family Court, Nedumangad, before which OP No.98/2023 and OP(G&W)No.64/2023 are already pending.

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I notice from the file that, even though service of

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TR.P(C) NO. 84 OF 2023

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summons from this Court have been validly completed on the respondent, he has chosen not to be present in person or to be represented through counsel; inferentially guiding me to the impression that he has nothing to offer in opposition to the various reliefs sought for in this writ petition.

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I have examined the pleadings and materials on record.

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There is no doubt that the petitioner, who is residing at Pooyappally, will find it extremely difficult to travel to Nedumangad every time the Original Petitions in question are listed. As rightly argued by Sri.C.S.Manu, her situation is exacerbated because her minor child will require to be properly taken care of at the time when she attends the said Court.

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That apart, the petitioner has already filed OP No.98/2023 and OP(G&W)No.64/2023 before the Family Court, Kottarakkara; and I am, therefore, of the firm view that the Original Petitions sought to be transferred is deserving of being ordered so.

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In the afore circumstances, this Transfer Petition is

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TR.P(C) NO. 84 OF 2023

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allowed and OP Nos.1713/2022 and 1731/2022 on the files of the Family Court, Nedumangad will stand transferred to the Family Court, Kottarakkara.

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Needless to say, on the transfer being completed, the Original Petition will be numbered and the parties appropriately notified of further proceedings as per law.

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Sd/- DEVAN RAMACHANDRAN

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JUDGE

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stu

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TR.P(C) NO. 84 OF 2023

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APPENDIX OF TR.P(C) 84/2023

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PETITIONER ANNEXURES

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Annexure-A1 THE TRUE COPY OF THE PLAINT DATED 19/12/2022 IN O.P.NO:1713/2022 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, NEDUMANGAD AND ITS NOTICE DATED 21/12/2022 Annexure-A2 THE TRUE COPY OF THE INTERLOCUTORY APPLICATION IN O.P.NO:1731/2022 AND NOTICE ISSUED BY THE FAMILY COURT, NEDUMANGAD DATED 24/12/2022 Annexure-A3 THE TRUE COPY OF PLAINT IN O.P.NO:98/2023 DATED 20/01/2023 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOTTARAKKARA AGAINST THE RESPONDENT Annexure-A4 THE TRUE COPY OF THE PLAINT O.P. (G&W)NO:64/2023 DATED 12/01/2023 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOTTARAKKARA AGAINST THE RESPONDENT.

Lekshmi S.Indran, W/o.Rejin Ramesh v. Rejin Ramesh, S/O.Ramesh Vijayan

Case brief

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Lekshmi S.Indran, W/o.Rejin Ramesh v. Rejin Ramesh, S/O.Ramesh Vijayan

Case brief

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