Allowed

Renjitha P Raajan v. Akhil Rajamani Sajeev

Kerala HC15 Mar 2024Tr.P(C)/34/2024

Case brief

AI extract

What is this about?

The High Court at Ernakulam, through a Transfer Petition, allowed the transfer of a matrimonial Original Petition (HMA) from the Family Court, Pathanamthitta, to the Family Court, North Paravur. The transfer was granted based on the petitioner's convenience, citing the Supreme Court's settled legal position that a wife's convenience is a relevant ground for forum selection.

What did the court decide?

Transfer of O.P.(HMA) No.557 of 2023 from Family Court, Pathanamthitta to Family Court, North Paravur.

Renjitha P Raajan Vs Akhil Rajamani Sajeev — 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 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945

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TR.P(C) NO.34 OF 2024

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AGAINST THE ORDER/JUDGMENT DATED IN OPHMA NO.557 OF 2023 OF
FAMILY COURT, PATHANAMTHITTA

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PETITIONER/RESPONDENT IN OP:

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RENJITHA P RAAJAN

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AGED 33 YEARS, S/O P.K RAAJAN,
PALAPARAMBIL HOUSE, THURUTH ROAD,
CHERIYAPPILLY, PARAVUR, ERNAKULAM, PIN – 683 519

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BY ADVS.
SREEHARI INDUKALADHARAN
SETHU NANDAKUMAR
D.SMITHA
JAYASANKAR K.

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RESPONDENT/PETITIONER IN OP:

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AKHIL RAJAMANI SAJEEV
S/O SAJEEV, AKHIL BHAVAN, KALANJOOR P.O,
REPRESENTED BY POA ARYA R.S, AKHIL BHAVAN,
KALANJOOR P.O, PATHANAMTHITTA, PIN – 689 694

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.03.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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Tr.P.(C)No.34 of 2024

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ORDER

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Dated this the 15^th day of March 2024

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Petitioner herein is the respondent in O.P.(HMA) No.557 of 2023 pending before the Family Court, Pathanamthitta. The petitioner seeks transfer of the said Original Petition to the Family Court, North Paravur, essentially on the ground of petitioner's convenience, she having her place of residence within the limits of the transferee court.

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Despite service of notice, the respondent had not appeared before this Court.

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Having heard the learned counsel appearing for the petitioner, this Court is inclined to allow the instant Transfer Petition. This Court takes stock of the settled legal position that the convenience of the wife is a matter to be taken into consideration, while fixing the forum for adjudication of matrimonial disputes, as held by the Hon'ble Supreme Court in a catena of cases, including N.C.V.Aishwarya v. A.S.Saravana Karthik Sha [AIR 2022 SC 4318].

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Tr.P.(C)No.34 of 2024

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In the circumstances, this Transfer Petition is allowed, directing transfer of O.P.(HMA) No.557 of 2023 pending before the Family Court, Pathanamthitta, to the Family Court, North

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Paravur. The transferor Court shall transmit the entire records to

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the transferee Court, forthwith.

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Sd/-

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C. Jayachandran Judge

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vpv

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Tr.P.(C)No.34 of 2024

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APPENDIX OF TR.P(C) 34/2024

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PETITIONER ANNEXURES

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Annexure A1 A TRUE COPY OF THE NOTICE ISSUED BY THE
FAMILY COURT PATHANAMTHITTA IN O.P H M A
NO 557/2023 DATED 21.06.2023

Renjitha P Raajan v. Akhil Rajamani Sajeev

Case brief

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Renjitha P Raajan v. Akhil Rajamani Sajeev

Case brief

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