Allowed

Thushara Kannan.K v. Rajesh Kumar. R

Kerala HC15 Jan 2024Tr.P(C)/855/2023

Case brief

AI extract

What is this about?

Wife sought transfer of a matrimonial original petition from Family Court, Neyyattinkara to Family Court, Thiruvananthapuram on grounds of her convenience as she resides there. Following Supreme Court authority that the wife's convenience is relevant in fixing forum for matrimonial disputes, the transfer petition was allowed.

What did the court decide?

O.P.No.10/2023 transferred from Family Court, Neyyattinkara to Family Court, Thiruvananthapuram; records to be transmitted forthwith.

Thushara Kannan.K Vs Rajesh Kumar. R — Matrimonial and Divorce | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

¶4

MONDAY, THE 15TH DAY OF JANUARY 2024 / 25TH POUSHA, 1945

¶5

TR.P(C) NO. 855 OF 2023

¶6

OP 10/2023 OF FAMILY COURT, NEYYATTINKARA

¶7

PETITIONER/PETITIONER:

¶8

1THUSHARA KANNAN.K
AGED 29 YEARS
D/O K.KANNAN, RESIDING AT CHOTHI.A.P ROAD, PERINGAMALA,
KALLIYOOR P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695042
BY ADVS.

¶9

J.R.PREM NAVAZ

¶10

SUMEEN S.

¶11

MUHAMMED SWADIQ

¶12

RESPONDENTS / RESPONDENTS:

¶13

1RAJESH KUMAR. R
AGED 36 YEARS, S/O L.RAJENDRAN, RESIDING AT KRISHNA
DARSHANAM, BHAGAVATHY NADA ROAD, PERINGAMALA, KALLIYOOR P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695042

¶14

2P.SAROJINI

¶15

W/O RAJENDRAN, RESIDING AT KRISHNA DARSANAM, BHAGAVATHY NADA
ROAD, PERINGAMALA, KALLIYOOR P.O, THIRUVANANTHAPURAM
DISTRICT,, PIN - 695042

¶16

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

¶17

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

¶18

Tr.P.(C.) No.855 of 2023

¶19

¶20

C.JAYACHANDRAN, J.

¶21

Tr.P.(C.) No.855 of 2023

¶22

Dated this the 15^th day of January, 2024

¶23

ORDER

¶24

This petition is preferred by the petitioner/wife, seeking transfer of O.P.No.10/2023 from the Family Court, Neyyattinkara to the Family Court, Thiruvananthapuram. Transfer is sought for on the ground of convenience of the wife, since she is residing within the limits of the transferee court.

¶25

Heard the learned counsel for the petitioner. Though the respondents were served, they have not chosen to appear before this Court.

¶26

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

¶27

Tr.P.(C.) No.855 of 2023

¶28

¶29

adjudication of matrimonial disputes.

¶30

In the circumstances, this Transfer Petition is

¶31

allowed, directing transfer of O.P. No.10/2023 pending before the Family Court, Neyyattinkara, to the Family Court, Thiruvananthapuram. The transferor Court shall transmit the entire records to the transferee Court, forthwith.

Sd/-

C. JAYACHANDRAN

JUDGE

SKP/15-01

Tr.P.(C.) No.855 of 2023

¶37

¶38

APPENDIX OF TR.P(C) 855/2023

¶39

PETITIONER’S ANNEXURES:
ANNEXURE A1THE TRUE COPY OF THE O.P. NO: 359 OF 2016 ON
THE FILES OF THE HON'BLE FAMILY COURT
THIRUVANANTHAPURAM DATED 18/2/2016 (RENUMBERED
AS OP 10/2023 IN FAMILY COURT NEYYATTINKARA)

¶40

RESPONDENTS' ANNEXURES:NIL

¶41

TRUE COPY

¶42

P.A. TO JUDGE

Thushara Kannan.K v. Rajesh Kumar. R

Case brief

What is this about?

What did the court decide?

Thushara Kannan.K v. Rajesh Kumar. R

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Annamma Thomas Vs P.K.Padmavalliyamma

Vijayan Vs M. C. Joseph

Dr.Indu G.Nair Vs T.Mohanan

Kolathumkunnummal Kunhekkan, Vs Ganapathikandy Kunhiraman

Anjali Rajeevan Vs Sarath Chandran.R

Sukumari Vs Parameswaran