Allowed

Ambli v. Vipindas.K

Kerala HC5 Jan 2024Tr.P(C)/292/2023

Case brief

AI extract

What is this about?

Transfer petition by the wife seeking transfer of a guardianship original petition from Family Court, Irinjalakuda to Family Court, Thrissur on the ground of her convenience and pendency of her related guardianship petition at Thrissur. Relying on Supreme Court authority favouring the wife's convenience, the court allowed the transfer.

What did the court decide?

G.O.P.No.545/2023 transferred from Family Court, Irinjalakuda to Family Court, Thrissur; records to be transmitted forthwith.

Ambli Vs Vipindas.K — Child Custody and Guardianship | 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 MR.JUSTICE C. JAYACHANDRAN

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FRIDAY, THE 5^TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945

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TR.P(C) NO. 292 OF 2023

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AGAINST GOP 545/2023 OF FAMILY COURT, IRINJALAKUDA

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PETITIONER/RESPONDENT:

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AMBLI AGED 35 YEARS D/O ARAVINDAKSHAN , PUTTUR HOUSE,KUMBLANGADU, KANJIRAKODU P.O., THALAPPILLY TALUK, WADAKKANCHERY VILLAGE, THRISSUR DISTRICT, PIN - 680590

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BY ADV RAJESH CHAKYAT

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RESPONDENT/PETITIONER:

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VIPINDAS.K AGED 42 YEARS S/O RAMAKRISHANAN, KUTTIPARAMBIL HOUSE, THRIKKUR .P.O., THRIKKUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT., PIN - 680314

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C).NO.292 of 2023

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..2..

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O R D E R

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Dated this the 5^th day of January, 2024

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This Transfer Petition is preferred by the petitioner/wife, seeking transfer of G.O.P. No.545/2023 from the Family court, Irinjalakuda to the Family Court, Thrissur. The ground espoused is the convenience of the wife, who is residing within the limits of the Family Court, Thrissur.

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2. Heard the learned counsel appearing for the

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petitioner.

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3. In view of the authoritative pronouncement of

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the Hon'ble Supreme Court in N.C.V.Aishwarya v. A.S.Saravana Karthik Sha [AIR 2022 SC 4318], the convenience of the wife is certainly a matter to be taken into consideration, while fixing the forum for adjudication of matrimonial disputes.

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Tr.P.(C).NO.292 of 2023

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..3..

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This Court also takes notice that an Original Petition filed under the Guardians and Ward Act, G.O.P.No.823/2023, preferred by the petitioner herein, is pending consideration of the Family Court, Thrissur.

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4. In these circumstances, this Transfer Petition is allowed, directing transfer of G.O.P. No.545/202 3 pending before the Family Court, Irinjalakuda, to the Family Court, Thrissur. The transferor Court shall transmit all the records to the transferee Court, forthwith.

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Sd/- C. JAYACHANDRAN JUDGE

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Tr.P.(C).NO.292 of 2023

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..4..

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APPENDIX OF TR.P(C) 292/2023

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PETITIONER ANNEXURES Annexure 1 A TRUE COPY OF THE PETITION IN G.O.P.NO.545/2023 ON THE FILE OF FAMILY COURT, IRINJALAKUDA DATED 12.04.2023 Annexure 2 A TRUE COPY OF THE PETITION IN G.O.P.NO.823/2023 ON THE FILE OF FAMILY COURT, THRISSUR

Ambli v. Vipindas.K

Case brief

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What did the court decide?

Ambli v. Vipindas.K

Case brief

What is this about?

What did the court decide?

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