Allowed

Jipsa.M v. Gikku v.George

Kerala HC1 Mar 2024Tr.P(C)/33/2024

Case brief

AI extract

What is this about?

Wife sought transfer of a divorce petition from Family Court, Kottayam to Family Court, Kollam on the ground of her residence there and connected proceedings at Kollam. Citing the Supreme Court judgment on the wife's convenience in fixing forum, the court allowed the transfer.

What did the court decide?

O.P.(Div.) No.765/2023 transferred from Family Court, Kottayam to Family Court, Kollam; records to be transmitted forthwith.

Jipsa.M Vs Gikku v.George — 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 MR.JUSTICE C. JAYACHANDRAN

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FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945
TR.P(C) NO. 33 OF 2024

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IN

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 OPDIV NO.765 OF 2023, FAMILY COURT, KOTTAYAM
PETITIONER/RESPONDENT:

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JIPSA.M
AGED 34 YEARS
D/O.SUSAMMA ABRAHAM, NEDIYAVILA PUTHENVEEDU
HOUSE, PUNNAMUKKU, KUNDARA.P.O., KUNDARA
VILLAGE, KOLLAM TALUK, KOLLAM., PIN – 691 501
BY ADVS.
RAJESH VIJAYAN
SIKHA S.NAIR

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RESPONDENT/PETITIONER:

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GIKKU V.GEORGE
AGED 37 YEARS
S/O.C.V.GEORGE, CHEMBITHARA HOUSE, PALLOM.P.O.,
NATTAKOM VILLAGE, KOTTAYAM TALUK, KOTTAYAM
DISTRICT, REPRESENTED BY POWER OF ATTORNEY
HOLDER C.V.GEORGE, S/O.C.C.VARGHESE, RESIDING AT
CHEMBITHARA HOUSE, PALLOM.P.O., NATTAKOM
VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT.,
PIN – 686 007

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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Tr.P(C) No.33 of 2024

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- 2 -

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O R D E R

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Dated, this the 1st day of March, 2024

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The petitioner/wife seeks transfer of O.P.(Div.)
No.765/2023 pending before the Family Court,
Kottayam to the Family Court, Kollam. The
transfer is premised on the ground that
the petitioner/wife is residing in the
jurisdictional limits of the Family Court,
Kollam. Two connected proceedings, C.C 447/2023
and M.C.No.19/2023 are pending before the J.F.C.M
Court, Kollam.

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2.Learned counsel for the petitioner relied on
the judgment of the Honourable Supreme Court in
N.C.V.Aishwaryav. A.S.Saravana Karthik Sha [AIR
2022 SC 4318], to emphasise that convenience of
the wife is surely a matter to be looked into,
while fixing the forum for adjudication of
matrimonial disputes.

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Tr.P(C) No.33 of 2024

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- 3 -

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3.Having heard the learned counsel appearing
for the petitioner and having considered the
attendant facts and circumstances, this Transfer
Petition is allowed. Accordingly, O.P.(Div.) No.
765/2023 pending before the Family Court,
Kottayam is directed to be transferred to the
Family Court, Kollam. The transferor court shall
transmit the entire records of the case to the
transferee court, forthwith.

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Sd/-

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C.JAYACHANDRAN, JUDGE

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SSG

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Tr.P(C) No.33 of 2024

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- 4 -

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APPENDIX OF TR.P(C) 33/2024

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PETITIONER'S ANNEXURES

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Annexure A1TRUE COPY OF THE PETITION IN O.P
(DIV.) NO. 765 OF 2023 ON THE FILES OF
FAMILY COURT, KOTTAYAM AT ETTUMANOOR.

Jipsa.M v. Gikku v.George

Case brief

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Jipsa.M v. Gikku v.George

Case brief

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