Lakshmi, v. Rahul
Case brief
What is this about?
A single judge order allowing a transfer petition to shift a Family Court application under Section 12 of the DV Act from Haripad to Thiruvananthapuram district, reasoning that the ground of changed residence is forceful.
What did the court decide?
Transfer of M.C.No.135/2019 from Judicial First Class Magistrate Court, Haripad to Judicial First Class Magistrate Court, Thiruvananthapuram, and direction to forward records.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
TR.P(CRL.) NO. 11 OF 2020
AGAINST THE ORDER/JUDGMENT CRMC 135/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS , HARIPAD
PETITIONER/PETITIONER:
LAKSHMI, AGED 20 YEARS D/O. MINI, ARAYASSERIL HOUSE, MAHADEVIKADU P.O, KARTHIKAPALLY, PERMANENTLY RESIDING AT T.C 32/782, SARAVANA, NEAR ALL SAINTS, BEACH P.O, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM DISTRICT
BY ADV SHAJIN S.HAMEED
RESPONDENTS/RESPONDENTS:
1 RAHUL, AGED 25 YEARS S/O. RAJEEVAN, DEVI BHAVANAM, THOTTAPPALLY P.O, PURAKKADU, AMABALAPUZHA, ALAPPUZHA DISTRICT, PIN CODE - 688 561
Issues for consideration
2 issues framed by the court
Whether a transfer petition under Section 12 of the Protection of Women from Domestic Violence Act can be allowed when the petitioner has changed residence to a different district.
Whether the relief prayer in the transfer petition can be allowed even in the absence of appearance by the respondents.
Parties & counsel
- petitioner
LAKSHMI
- respondent
RAHUL
- respondent
RAJEEVAN
Coram
Case details
As recorded by the court registry
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