Allowed

Anjali Rajeevan v. Sarath Chandran.R

Kerala HC15 Jan 2024Tr.P(C)/843/2023

Case brief

AI extract

What is this about?

Wife sought transfer of matrimonial O.P. from Family Court, Attingal to Family Court, Kannur citing her convenience and residence within the transferee court's limits. Relying on Supreme Court authority that the wife's convenience is relevant in fixing forum for matrimonial disputes, the High Court allowed the transfer and directed transmission of records.

What did the court decide?

Transfer of O.P. No.1371/2023 from Family Court, Attingal to Family Court, Kannur; transferor court to transmit entire records forthwith.

Anjali Rajeevan Vs Sarath Chandran.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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MONDAY, THE 15TH DAY OF JANUARY 2024 / 25TH POUSHA, 1945

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TR.P(C) NO. 843 OF 2023

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OP 1371/2023 OF FAMILY COURT, ATTINGAL

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PETITIONER(S)/RESPONDENT:

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ANJALI RAJEEVAN
AGED 32 YEARS
D/O. RAJEEVAN.C, KANIYANKANDY HOUSE,
PALLIKKUNNU P.O KANNUR DISTRICT, PIN - 670004

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BY ADV C.LEENA

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RESPONDENT(S)/ PETITIONER:

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SARATH CHANDRAN.R
S/O. RAVEENDRAN PILLA.M, 'KAVIL VILA VEEDU',
KADAMBATTUKONAM,VETTIYARA P.O.
THIRUVANANTHAPURAM DISTRICT, PIN - 695603

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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15.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C.) No.843 of 2023

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C.JAYACHANDRAN, J.

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Tr.P.(C.) No.843 of 2023

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Dated this the 15^th day of January, 2024

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ORDER

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This petition is preferred by the petitioner/wife, seeking transfer of O.P. No.1371/2023 from the Family Court, Attingal to the Family Court, Kannur. Transfer is sought for on the ground of convenience of the wife, since she is residing within the limits of the transferee court.

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Heard the learned counsel for the petitioner. Though the respondent was served, he had not chosen to appear before this Court.

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In view of the authoritative pronouncement of the Hon'ble Supreme Court in N.C.V.Aishwarya v. A.S. Saravana Karthik Sha [AIR 2022 SC 4318], the convenience of the wife is certainly a matter to be taken into consideration, while fixing the forum for

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Tr.P.(C.) No.843 of 2023

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adjudication of matrimonial disputes.

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In the circumstances, this Transfer Petition is

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allowed, directing transfer of O.P. No.1371/2023 pending before the Family Court, Attingal, to the Family Court, Kannur. The transferor Court shall transmit the

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entire records to the transferee Court, forthwith.

Sd/-

C. JAYACHANDRAN

JUDGE

SKP/15-01

Tr.P.(C.) No.843 of 2023

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APPENDIX OF TR.P(C) 843/2023

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PETITIONER’S ANNEXURES:
ANNEXURE ATRUE COPY OF SUMMONS RECEIVED FROM FAMILY COURT
ATTINGAL BY PETITIONER IN OP 1371/2023
ANNEXURE BTRUE COPY PETITION IN OP 1334/2023 FILED BY
PETITIONER BEFORE FAMILY COURT ,KANNUR
ANNEXURE CTRUE COPY PETITION IN OP 1476/2023 FILED BY
PETITIONER BEFORE FAMILY COURT ,KANNUR
ANNEXURE DTRUE COPY PETITION IN MC 376/2023 FILED BY
PETITIONER BEFORE FAMILY COURT ,KANNUR
RESPONDENTS' ANNEXURES:NIL

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TRUE COPY

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P.A. TO JUDGE

Anjali Rajeevan v. Sarath Chandran.R

Case brief

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Anjali Rajeevan v. Sarath Chandran.R

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