Allowed

Soumya.P.Sivaraman v. Lijukumar

Kerala HC16 Feb 2024Tr.P(C)/60/2024

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a transfer petition, directing the transfer of a matrimonial original petition from the Family Court, Attingal, to the Family Court, Irinjalakuda due to the petitioner's residence and convenience, citing settled legal position.

What did the court decide?

Transfer of O.P.No.169/2021 pending before the Family Court, Attingal, to the Family Court, Irinjalakuda, with transmission of records.

Soumya.P.Sivaraman Vs Lijukumar — Partition | 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 16^TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945

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TR.P(C) NO. 60 OF 2024

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AGAINST OP.NO. 169/2021 OF FAMILY COURT, ATTINGAL

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PETITIONER/RESPONDENT:

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SOUMYA.P.SIVARAMAN AGED 41 YEARS D/O SANTHA, THAYYIL (H), ANNANAD.P.0, KALLOOR, CHALAKUDY, THRISSUR DISTRICT, PIN - 680309 BY ADV G.VIDYA

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RESPONDENT/PETITIONER:

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LIJUKUMAR AGED 43 YEARS S/O GOPINATHAN, THATTANTE VILA (H), ANCHUTHENGU, KADAKKAVUR VILLAGE THIRUVANANTHAPURAM DISTRICT, PIN – 691153

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C).NO.60 of 2024

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..2..

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O R D E R

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Dated this the 16^th day of February, 2024

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Petitioner herein is the respondent in O.P.No.169/2021 pending before the Family court, Attingal. The petitioner seeks transfer of the said Original Petition to the Family Court, Irinjalakuda, essentially on the ground of petitioner's convenience, she having her place of residence within the limits of the transferee court. M.C.No.79/2020 filed between the same parties is also pending before the Family Court, Irinjalakuda.

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2. Despite service of notice, the respondent had not entered appearance before this Court.

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3. Having heard the learned counsel appearing for

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the petitioner, this Court is inclined to allow the instant Transfer Petition. This Court takes stock

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Tr.P.(C).NO.60 of 2024

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..3..

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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

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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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4. In the circumstances, this Transfer Petition is allowed, directing transfer of O.P.No.169/2021 pending before the Family Court, Attingal, to the Family Court, Irinjalakuda. The transferor Court shall transmit the entire records to the transferee Court, forthwith.

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Sd/- C. JAYACHANDRAN JUDGE

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Tr.P.(C).NO.60 of 2024

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..4..

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APPENDIX OF TR.P(C) 60/2024

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PETITIONER ANNEXURES Annexure - A1 A TRUE COPY OF M.C.NO. 79/2020 BEFORE FAMILY COURT, IRINJALAKUDA Annexure -A2 A TRUE COPY OF O.P.NO. 169/2021 BEFORE FAMILY COURT, ATTINGAL, DATED 23.01.2021 Annexure -A3 A TRUE COPY OF OBJECTION IN O.P.NO. 169/2021 BEFORE FAMILY COURT, ATTINGAL, DATED 01.07.2022

Soumya.P.Sivaraman v. Lijukumar

Case brief

What is this about?

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Soumya.P.Sivaraman v. Lijukumar

Case brief

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