Allowed

Deepthy.S v. Anil Raj P.R

Kerala HC16 Jan 2024Tr.P(C)/476/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Transfer Petition seeking to move a matrimonial original petition from the Family Court, Neyyattinkara to the Family Court, Alappuzha. The transfer was based on the petitioner's residence in Alappuzha, and the court rejected objections regarding the respondent's service status.

What did the court decide?

O.P. No.948/2022 pending before the Family Court, Neyyattinkara is directed to be transferred to the Family Court, Alappuzha.

Deepthy.S Vs Anil Raj P.R — 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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TUESDAY, THE 16TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945

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TR.P(C) NO. 476 OF 2023

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AGAINST THE ORDER/JUDGMENT OP 948/2022 OF FAMILY COURT,

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NEYYATTINKARA

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PETITIONER/ORIGINAL RESPONDENT:

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DEEPTHY.S
AGED 42 YEARS
D/O. LATE.PONNAPPAN& W/O. ANIL RAJ.P.R,
RESIDING ATAYYAMPARAMBU, PUNNAPRA P.O,
ALAPPUZHA DISTRICT, PIN – 688004

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BY ADV
D.GANESH KUMAR

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RESPONDENT/ORIGINAL PETITIONER:

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ANIL RAJ P.R
AGED 44 YEARS
S/O. P.V RAJAN, RESIDING AT PUTHUPARAMBIL HOUSE,
CHURCH ROAD, NJARACKAL, ERNAKULAM DISTRICT,
PIN – 682505

¶13

BY ADVS.
BIJU BALAKRISHNAN
V.S.RAKHEE(K/945/1994)
K.J.GISHA(K/1212/2004)
AJMAL P.(K/1244/2018)
YRISHIKA R.(K/001424/2023)
AKSHAYA S.NAIR(K/003242/2023)

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 476 OF 2023 -2-

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ORDER

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The petitioner/wife seeks transfer of O.P.
No.948/2022 on the files of the Family Court,
Neyyattinkara to the Family Court, Alappuzha.
The transfer is premised on the ground that the
petitioner/wifeisresidinginthe
jurisdictional limits of the Family Court,
Alappuzha.

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2.Learned counsel for the respondent
submits that the transfer sought for is opposed
on the premise that the respondent is working in
the Indian Army, who is also suffering from
heart disease. This Court discounts the said
objection since the transfer may not affect him
prejudicially, in as much as he is not in
station.

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3.Learned counsel for the petitioner

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relied on the judgment of the Honourable Supreme

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TR.P(C) NO. 476 OF 2023 -3-

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Court in N.C.V. Aishwaryav. A.S. Saravana

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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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4. Having heard the learned counsel

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appearing on both sides and having considered
the attendant facts and circumstances, this
Transfer Petition is allowed. Accordingly, O.P.
No.948/2022 pending before the Family Court,
Neyyattinkara is directed to be transferred to
the Family Court, Alappuzha. The transferor
court shall transmit the entire records to the
transferee court, forthwith.

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Sd/-

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C. JAYACHANDRAN
JUDGE

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vv

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TR.P(C) NO. 476 OF 2023 -4-

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APPENDIX OF TR.P(C) 476/2023

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PETITIONER ANNEXURES

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ANNEXURE A 1TRUE COPY OF PETITION IN O.P NO. 948
OF 2022 NOW PENDING BEFORE FAMILY
COURT, NEYYATTINKARA DATED 17.11.2022
ANNEXURE A2TRUE COPY OF PRESCRIPTION DATED
11.03.2023 ISSUED BY MEDICAL COLLEGE
HOSPITAL,ALAPPUZHA

Deepthy.S v. Anil Raj P.R

Case brief

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Deepthy.S v. Anil Raj P.R

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