Wife sought transfer of her husband's matrimonial proceedings from Family Court, Pala to Family Court, Mavelikara, where she resides and where her other matrimonial cases were pending. Citing Supreme Court guidance favouring the wife's convenience in fixing forum, the court allowed the transfer.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
TR.P(C) NO. 58 OF 2024
OPHMA 577/2023 OF FAMILY COURT, PALA
PETITIONER(S)/RESPONDENT:
KAVYA S
AGED 29 YEARS
D/O UMA SURENDRAN, MANGATTU PADEETTATHIL,
PUTHEN CHANTHA P.O., VALLIKUNNAM VILLAGE,
MAVELIKARA TALUK ALAPPUZHA DISTRICT, PIN - 690501
BY ADVS.
S.K.SAJI
MAYAMOL T.S.
G.R.MANJU
SARAN SIVAN
RESPONDENT(S)/ PETITIONER:
HARISHKUMAR K.N
AGED 39 YEARS
S/O K.P. NARAYANAN PILLAI, KOZHIPPALLY HOUSE,
PANACHIPPALLY P.O., KANJIRAPPALLY,
KOTTYAYAM DISTRICT, PIN - 686518
BY ADV DILEEP P V
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C.) No.58 of 2024
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C.JAYACHANDRAN, J.
Tr.P.(C.) No.58 of 2024
Dated this the 16th day of February, 2024
ORDER
The petitioner/wife, seeks transfer of O.P.(HMA)
No.577 of 2023 from the Family Court, Pala to the Family Court, Mavelikara, on the ground of convenience of the wife, since she is residing within the limits of the transferee court.
Tr.P.(C.) No.58 of 2024
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submitted that the petitioner has filed O.P. (Others) No. 1496/2023 seeking patrimony, O.P.(HMA) No. 1497/2023 seeking dissolution of marriage and M.C. No.234 of 2021 for maintenance, which proceedings are pending before the transferee Court, ie., the Family Court, Mavelikara, which is an added reason to allow the instant transfer sought for.
In the circumstances, this Transfer Petition is allowed, directing transfer of O.P.(HMA) No.577 of 2023 pending before the Family Court, Pala, to the Family Court, Mavelikara. The transferor Court shall transmit the entire records to the transferee Court, forthwith.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/16-02
Tr.P.(C.) No.58 of 2024
4
APPENDIX OF TR.P(C) 58/2024
PETITIONER’S ANNE |
XURES: |
|---|---|
ANNEXURE A1 |
TRUE COPY OF THE ORIGINAL PETITION IN O.P(OTHERS) 1496/2023 FILED BY THE PETITIONERBEFORE THE HON'BLE FAMILY COURT, MAVELIKARADATED 04.08.2023 |
ANNEXURE A2 |
TRUE COPY OF THE ORIGINAL PETITION IN O.P (HMA)1497/2023 FILED BY THE PETITIONER BEFORE THEHON'BLE FAMILY COURT, MAVELIKARA DATED05.08.2023 |
ANNEXURE A3 |
TRUE COPY OF THE ORIGINAL PETITION IN O.P (HMA)577/2023 FILED BY THE RESPONDENT BEFORE THE |
HON'BLE FAMILY COURT, PALA DATED 29.11.2023 |
|
ANNEXURE A4 |
TRUE COPY OF THE ORDER IN M.C 234/2021 DATED29.09.2023 OF THE HON'BLE FAMILY COURT,MAVELIKRA |
ANNEXURE A5 |
TRUE COPY OF THE PETITION IN CMP 189/2023 INM.C 234/2021 DATED 27.10.2023 FILED BY THEPETITIONER BEFORE THE HON'BLE FAMILY COURT,MAVELIKRA |
RESPONDENT'S ANNEXURES:NIL
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether O.P.(HMA) No.577/2023 pending before the Family Court, Pala should be transferred to the Family Court, Mavelikara for the wife's convenience?
Colour shows how this judgement treated each authority
N.C.V.Aishwarya v. A.S. Saravana Karthik ShaRelied on¶3
AIR 2022 SC 4318 · Who else cites this
Kavya S
Harishkumar K.N
C. Jayachandran
As recorded by the court registry
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