Allowed

Annmary Suresh, v. Benvil Jolly

Kerala HC20 Jun 2024Tr.P(C)/118/2024

Case brief

AI extract

What is this about?

Wife sought transfer of husband's divorce petition from Family Court, Irinjalakuda to Family Court, Pala, where another case between the same parties was pending. Both parties work abroad; petitioner is a native of Kottayam. Following the settled principle that the wife's convenience predominates in family-matter transfers, the court allowed the transfer.

What did the court decide?

O.P.No.360 of 2023 withdrawn from Family Court, Irinjalakuda and transferred to Family Court, Pala for trial and disposal.

Annmary Suresh, Vs Benvil Jolly — Matrimonial and Divorce | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 20^TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946 TR.P(C) NO. 118 OF 2024

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OP NO.360 OF 2023 OF FAMILY COURT, IRINJALAKUDA PETITIONER/RESPONDENT:

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ANNMARY SURESH, AGED 28 YEARS D/O SURESH VARGHESE, THUDINYANPLACKAL HOUSE, MANIMALA P.O, MANIMALA VILLAGE, KANJIRAPALLY TALUK, KOTTAYAM , REPRESENTED BY THE POWER OF ATTORNEY HOLDER, ELIZABETH SURESH, W/O SURESH VARGHESE, THUDINYANPLACKAL HOUSE, MANIMALA P.O, MANIMALA VILLAGE, KANJIRAPALLY TALUK, KOTTAYAM ., PIN - 686543

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BY ADV SIJO PATHAPARAMBIL JOSEPH

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RESPONDENT/PETITIONER:

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BENVIL JOLLY, AGED 35 YEARS S/O JOLLY THOMAS, PADINJAKARA HOUSE, MELOOR P.O, CHALAKUDY THRISSUR, RESIDING AT NAHDHA - 5 BUILDING, AL NAHDHA, SHARJAH , UAE, PIN - 341246

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BY ADVS. BASIL CHANDY VAVACHAN CHARUTHA BHAIJU(K/000413/2018) CHANDHANA BHAIJU(K/001122/2022) BASIL SAJAN(K/2266/2022) FATHIM NAVAS(K/785/2023) KAVYA P.R.(K/1157/2023) LEKSHMI PRIYA V.(K/1025/2024)

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 118 OF 2024

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: 2 :-

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O R D E R

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This transfer petition has been filed by the petitioner-wife to transfer O.P.No.360 of 2023 pending before the Family Court, Irinjalakuda to Family Court, Pala.

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The petitioner is the wife and the respondent is the

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husband.

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Heard both sides.

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O.P.No.360 of 2023 has been filed by the respondent

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against the petitioner for divorce. Another case between the same parties, as O.P.No.872 of 2023, is pending before the Family Court, Pala. Both the petitioner and the respondent are working abroad. The petitioner is a native of Kottayam. It is settled that in considering the transfer petitions concerning family matters, the convenience of the wife has to be given predominance.

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Considering all these facts, this Transfer Petition is allowed. O.P.No.360 of 2023 pending before the Family Court,

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TR.P(C) NO. 118 OF 2024

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: 3 :-

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Irinjalakuda is withdrawn and transferred to Family Court, Pala for trial and disposal.

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Sd/- DR.KAUSER EDAPPAGATH, JUDGE

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TR.P(C) NO. 118 OF 2024

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: 4 :-

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APPENDIX OF TR.P(C) 118/2024

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PETITIONER ANNEXURES

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ANNEXURE A A TRUE COPY OF THE PETITION IN O.P NO. 360/2023 OF THE FAMILY COURT IRINJALAKUDA DATED 20/2/2023

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ANNEXURE B A TRUE COPY OF THE PETITION IN OP NO. 872/2023 PENDING BEFORE THE FAMILY COURT, PALA DATED 29/11/2023

Annmary Suresh, v. Benvil Jolly

Case brief

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Annmary Suresh, v. Benvil Jolly

Case brief

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