Allowed

Jyothi K v. Shybin S.S

Kerala HC7 Jun 2024Tr.P(C)/6/2024

Case brief

AI extract

What is this about?

A single-judge bench allowed a transfer petition to shift a pending summons matrimonial petition (Opposing Petitioner for Husband's Maintenance) from Attingal to Kannur. The court prioritized the wife's convenience, noting her native district is Kannur and Attingal is 350 km away. The respondent was absent.

What did the court decide?

The transfer of OP(HMA) No.910/2022 from Family Court, Attingal to Family Court, Kannur is allowed. The suit in Attingal is withdrawn.

Jyothi K Vs Shybin S.S — Matrimonial and Divorce | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
TR.P(C) NO. 6 OF 2024

¶4

AGAINST THE ORDER/JUDGMENT DATED IN OPHMA NO.910 OF 2022
OF FAMILY COURT, ATTINGAL
PETITIONER/RESPONDENT IN COURT BELOW:

¶5

JYOTHI K
AGED 35 YEARS
D/O VIMALA, SREERAGAM,
AVERAKKAVU, KURUVA P.O
KANNUR DISTRCT,
PIN – 670007

¶6

BY ADVS.
 BEJOY JOSEPH P.J.
 BONNY BENNY
 VIPIN SURENDRAN

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RESPONDENT/PETITIONER IN COURT BELOW:

¶8

SHYBIN S.S
AGED 37 YEARS
S/O SUDEVAN, KARIAKKUZHI PORUNTHAMON,
PULIMATH P.O
THIRUVANANTHAPURAM,
KERALA,
PIN – 695612

¶9

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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Tr.P.(C) No. 6 of 2024

¶11

: 2 :

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ORDER

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Dated this the 7^th day of June, 2024

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This Transfer Petition has been filed to transfer OP(HMA) No.910/2022, pending on the files of the Family Court, Attingal to the Family Court, Kannur.

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I have heard the learned counsel for the petitioner. There is no appearance for the respondent.

¶16

The petitioner is the wife and respondent is the husband. OP(HMA) No.910/2022 has been filed by the respondent before the Family Court, Attingal, seeking dissolution of marriage. The petitioner is a native of Kannur District, which is 350 k.m away from the Family Court, Attingal. It is settled that while considering the transfer petition in family matters, the convenience of the wife has to be given predominance. Hence, this transfer petition is allowed. OP(HMA) No.910/2022 on the files of the Family Court, Attingal is withdrawn and transferred to the Family Court, Kannur.

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Sd/-

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DR. KAUSER EDAPPAGATH JUDGE

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MSA

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Tr.P.(C) No. 6 of 2024

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: 3 :

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APPENDIX OF TR.P(C) 6/2024

¶23

PETITIONER ANNEXURES

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Annexure A1

¶25

THE TRUE COPY OF O.P HMA NO.910/2022 OF
THE FAMILY COURT, ATTINGAL

Jyothi K v. Shybin S.S

Case brief

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Jyothi K v. Shybin S.S

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