Partly allowed

Prasob Muther v. Namitha Ramachandran

Kerala HC8 Apr 2024Tr.P(C)/652/2023

Case brief

AI extract

What is this about?

Single judge disposed three transfer petitions filed by a husband to transfer family court matrimonial cases from Kannur to Thrissur due to his son's disability. The court declined transfer but directed the trial court to record the husband's evidence in all four connected cases in a single day.

What did the court decide?

Transfer declined. Direction to Family Court, Kannur to record husband's evidence in all four connected cases on a single day.

Prasob Muther Vs Namitha Ramachandran — 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 DR. JUSTICE KAUSER EDAPPAGATH

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MONDAY, THE 8^TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946

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TR.P(C) NO. 407 OF 2023

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TO TRANSFER OP NO.690 OF 2021 OF FAMILY COURT, KANNUR TO FAMILY COURT, THRISSUR PETITIONER/RESPONDNET IN O.P.NO.690/2021:

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PRASOB MUTHER M. AGED 43 YEARS S/O PAVITHRAN 'DAIVIK' THALIYIL, ANDOOR AMSOM DESOM, THALIPARAMBA TALUK, KALLIASSERI P.O., KANNUR- 670562 PRESENTLY RESIDING AT FLAT NO.3E, AVENUE HEIGHTS APARTMENT, MASTER AVENUE ROAD, KURIACHIRA P.O., THRISSUR DISTRICT – 680006.

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BY ADV MINI. M.R.

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RESPONDENT/PETITIONER IN O.P.NO.690/2021:

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NAMITHA RAMACHANDRAN AGED 35 YEARS D/O RAMACHANDRAN, KANNARATH VALAPPIL HOUSE, KANNAPURAM AMSOM DESOM CHUNDA, MOTTAMMAL P.O., KANNUR DISTRICT, PIN - 670331

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BY ADV LEENA C

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2024, ALONG WITH TR.P(C).652/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NOs.407, 652 & 660 OF 2023

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: 2 :-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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MONDAY, THE 8^TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946

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TR.P(C) NO. 652 OF 2023

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TO TRANSFER OPDIV NO.705 OF 2021 OF FAMILY COURT, KANNUR TO FAMILY COURT, THRISSUR PETITIONER/PETITIONER IN O.P.NO.705/2021:

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PRASOB MUTHER

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AGED 43 YEARS S/O PAVITHRAN 'DAIVIK' THALIYIL, ANDOOR AMSOM DESOM, THALIPARAMBA TALUK, KALLIASSERI P.O., KANNUR- 670562 PRESENTLY RESIDING AT FLAT NO.3E, AVENUE HEIGHTS APARTMENT, MASTER AVENUE ROAD, KURIACHIRA P.O., THRISSUR DISTRICT, PIN - 680006

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BY ADV MINI. M.R.

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RESPONDENT/RESPONDENT IN O.P.NO.705/2021:

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NAMITHA RAMACHANDRAN

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AGED 35 YEARS D/O RAMACHANDRAN, KANNARATH VALAPPIL HOUSE, KANNAPURAM AMSOM DESOM CHUNDA, MOTTAMMAL P.O., KANNUR DISTRICT, PIN - 670331

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BY ADV LEENA C

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2024, ALONG WITH TR.P(C).407/2023, 660/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NOs.407, 652 & 660 OF 2023

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: 3 :-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶32

PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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MONDAY, THE 8^TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946

¶35

TR.P(C) NO. 660 OF 2023

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TO TRANSFER OP NO.816 OF 2021 OF FAMILY COURT, KANNUR TO FAMILY COURT, THRISSUR

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PETITIONER/RESPONDENT IN OP NO.816 OF 2021 :

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BY ADV MINI. M.R.

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RESPONDENT/RESPONDENT IN OP NO.816 OF 2021:

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NAMITHA RAMACHANDRAN AGED 35 YEARS D/O RAMACHANDRAN, KANNARATH VALAPPIL HOUSE, KANNAPURAM AMSOM DESOM CHUNDA, MOTTAMMAL P.O., KANNUR DISTRICT, PIN - 670331

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BY ADV LEENA C

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2024, ALONG WITH TR.P(C).652/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NOs.407, 652 & 660 OF 2023

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: 4 :-

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O R D E R

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All these Transfer Petitions are filed to transfer three cases pending between the husband and wife at the Family Court, Kannur to Family Court, Thrissur.

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2 Heard the learned counsel for the petitioner and the counsel appearing for the respondent.

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The wife is residing at Kannur and the husband along with two children aged 13 and 11 years is residing at Thrissur. The transfer has been sought mainly on the ground that the younger child, who is residing along with the husband at Thrissur, is suffering from mental disability and hence, the husband cannot travel to Kannur to attend the case, leaving the said son at Thrissur.

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It is submitted by the learned counsel that apart from three cases which are the subject matter of transfer petitions, one more case, M.C.No.210 of 2021, is also pending before the

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TR.P(C) NOs.407, 652 & 660 OF 2023

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: 5 :-

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Family Court, Kannur. It is further submitted that all the four cases (O.P.(Div.) No.705 of 2021, O.P.No.690 of 2021, O.P.No.816 of 2021 and M.C.No.210 of 2021) are tried jointly

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and are ripe for trial. Hence, the personal appearance of the husband is necessary at Kannur only for giving evidence.

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Having heard both sides, I am of the view that these transfer petitions can be disposed of, directing the Family Court,

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Kannur, to finish off the entire evidence of the husband on a single day. Hence, these transfer petitions are disposed of as follows:

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(a) The transfer sought for is declined.

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(b) The Family Court, Kannur, is directed to complete the evidence of the husband in all the four cases on a single day as far as possible. The physical presence of the husband on other days shall be exempted.

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Sd/- DR.KAUSER EDAPPAGATH, JUDGE

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¶61

TR.P(C) NOs.407, 652 & 660 OF 2023

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: 6 :-

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APPENDIX OF TR.P(C) 407/2023

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PETITIONER ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE O.P. 690/2021 BY THE RESPONDENT DATED 26.07.2021 ANNEXURE2 TRUE COPY PF THE COUNTER IN OP 690/2021 FILE BY THE PETITIONER ANNEXUREA3 TRUE COPY OF THE I.A. 2/ 2021 IN O.P. 690/2021 DATED 26.07.2021 ANNEXUREA4 TRUE COPY OF THE COUNTER IN I.A. 2/ 2021 IN O.P. 690/2021 DATED 09.08.2021 ANNEXUREA5 TRUE COPY OF THE ORDER IN I.A2/2021 IN O.P. 690/2021 DATED 09.08.2021 ANNEXUREA6 TRUE COPY OF FIR IN CRIME NO 804/2021 DATED 09.11.2021 OF KANNAPURAM POLICE STATION, KANNUR DISTRICT ANNEXUREA7 TRUE COPY OF THE ORDER IN O.P.FC 497 / 2021 DATED 29.11.2021 ANNEXUREA8 TRUE COPY OF THE UNIQUE DISABILITY ID OF THE YOUNGER BOY CHILD ISSUED BY THE TALUK HEAD QUARTERS HOSPITAL THALIPARAMBA, KANNUR ANNEXUREA9 TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED BY THE ORTHOPAEDIC SURGEON DR. ASHWIN KUMAR K. DATED 15.06.2023 ANNEXURE A10 TRUE COPY OF THE LETTER FROM THE TRIDENT CRICKET ACADEMY KURIACHIRA, THRISSUR DATED 07.06.2023 ANNEXURE11 TRUE COPY OF THE ORDER DATED 31.03.2023 IN IA 23/2023 IN OP 690/2011 ANNEXURE12 TRUE COPY OF THE ORDER IN OP FC 232/2023 DATED 19.05.2023

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TR.P(C) NOs.407, 652 & 660 OF 2023

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: 7 :-

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APPENDIX OF TR.P(C) 652/2023

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PETITIONER ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE PETITION FILED IN O.P. 705/2021 BY THE PETITIONER DATED 28.07.2021

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ANNEXURE A2 OBJECTION IN OP 705/2021 FILED BY THE RESPONDENT ANNEXURE A3 TRUE COPY OF FIR IN CRIME NO 804/2021 DATED 07.11.2021 OF KANNAPURAM POLICE STATION, KANNUR DISTRICT ANNEXURE 4 TRUE COPY OF THE UNIQUE DISABILITY ID OF THE YOUNGER BOY CHILD ISSUED BY THE TALUK HEAD QUARTERS HOSPITAL THALIPARAMBA, KANNUR ANNEXURE 5 TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED BY THE ORTHOPAEDIC SURGEON DR. ASHWIN KUMAR K. DATED 15.06.2023 ANNEXURE A6 TRUE COPY OF THE LETTER FROM THE TRIDENT CRICKET ACADEMY KURIACHIRA, THRISSUR DATED 07.06.2023

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ANNEXURE A7 TRUE COPY OF THE INTERIM ORDER STAYING PROCEEDINGS IN THE FAMILY COURT IN OP 690/2021

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TR.P(C) NOs.407, 652 & 660 OF 2023

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: 8 :-

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APPENDIX OF TR.P(C) 660/2023

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PETITIONER ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE OP NO 816 OF 2021 FILED BY THE RESPONDENT DATED 12.08.2021

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ANNEXURE A2 THE COUNTER STATEMENT FILED BY THE PETITIONER HEREIN IN OP NO 816 OF 2021

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ANNEXURE A3 TRUE COPY OF FIR IN CRIME NO 804/2021 DATED 07.11.2021 OF KANNAPURAM POLICE STATION, KANNUR DISTRICT

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ANNEXURE A4 TRUE COPY OF THE UNIQUE DISABILITY ID OF THE YOUNGER BOY CHILD ISSUED BY THE TALUK HEAD QUARTERS HOSPITAL THALIPARAMBA, KANNUR

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ANNEXURE A5 TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED BY THE ORTHOPAEDIC SURGEON DR. ASHWIN KUMAR K. DATED 15.06.2023

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ANNEXURE A6 TRUE COPY OF THE LETTER FROM THE TRIDENT CRICKET ACADEMY KURIACHIRA, THRISSUR DATED 07.06.2023

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ANNEXURE A7 TRUE COPY OF THE INTERIM ORDER STAYING PROCEEDINGS IN THE FAMILY COURT IN OP 690/2021

Prasob Muther v. Namitha Ramachandran

Case brief

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What did the court decide?

Prasob Muther v. Namitha Ramachandran

Case brief

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