Allowed

Sheeba Marry v. Raju Y

Kerala HC10 Jan 2024Tr.P(C)/852/2023

Case brief

AI extract

What is this about?

Wife sought transfer of a matrimonial case from Family Court, Chavara to Family Court, Kollam, citing her residence there and pendency of two other cases before the Kollam court. Following Supreme Court authority that the wife's convenience is relevant, the Kerala High Court allowed the transfer.

What did the court decide?

O.P. (IDA) No.142/2019 ordered to be transferred from Family Court, Chavara to Family Court, Kollam; transferor court to transmit entire records forthwith.

Sheeba Marry Vs Raju Y — 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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WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945

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TR.P(C) NO. 852 OF 2023

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OP (IDA) 142/2019 OF FAMILY COURT, CHAVARA

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PETITIONER/RESPONDENT:

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SHEEBA MARRY
AGED 48 YEARS
D/O.YOHANNAN, ADHIKARIVILA VEEDU, KUMBALAM P.O,
KOLLAM DISTRICT, PIN - 691503
BY ADVS.
PRATHEESH.P

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ANJANA KANNATH

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RESPONDENT/PETITIONER:

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RAJU Y

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AGED 58 YEARS
S/O.YOHANNAN, ARADHANA, KULANGARA BHAGOM, CHAVARA P.O,
PANMANA, CHAVARA, KOLLAM -, PIN - 691583

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

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10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C.) No.852 of 2023

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C.JAYACHANDRAN, J.

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Tr.P.(C.) No.852 of 2023

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Dated this the 10^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. (IDA) No.142/2019 from the Family court, Chavara to the Family Court, Kollam. 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 appearing on both

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sides.

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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 adjudication of matrimonial disputes.

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Tr.P.(C.) No.852 of 2023

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This Court also notice that two other cases preferred by the petitioner/wife produced as Annexures A2 and A3 are pending consideration before the Family Court, Kollam, which Is an added reason to allow the instant transfer sought for.

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In the circumstances, this Transfer Petition is allowed, directing transfer of O.P. (IDA) No.142/2019 pending before the Family Court, Chavara, to the Family Court, Kollam. The transferor Court shall transmit the entire records to the transferee Court, forthwith.

Sd/-

C. JAYACHANDRAN

JUDGE

SKP/10-01

Tr.P.(C.) No.852 of 2023

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APPENDIX OF TR.P(C) 852/2023

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PETITIONER’S ANNEXURES:
ANNEXURE A1THE COPY OF O.P (IDA) NO.142/2019 OF FAMILY
COURT, CHAVARA, KOLLAM DATED 19.2.2019
ANNEXURE A2THE COPY OF THE OP 598/2019 ON THE FILE OF
FAMILY COURT KOLLAM DATED 10.5.2019
ANNEXURE A3THE COPY OF THE MC NO.94/2020 ON THE FILE OF
FAMILY COURT, KOLLAM DATED 13.3.2020

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RESPONDENT’S ANNEXURES:NIL

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TRUE COPY

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P.A. TO JUDGE

Sheeba Marry v. Raju Y

Case brief

What is this about?

What did the court decide?

Sheeba Marry v. Raju Y

Case brief

What is this about?

What did the court decide?

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