SANGEETHA P.G v. ANILKUMAR
Case at a glance
- Bench
- C JAYACHANDRAN
Outcome
Allowed
Transfer Petitions are allowed
Key paragraphs
- Para 44. Having heard the learned counsel appearing on both sides and having considered the attendant facts and circumstances, these Transfer Petitions are allowed. Accordingly, O.P. No.2978/2022 and G.O.P.No.433/2021 pending before the Family Court, Ernakulam are directed to be transferred to the Family Court, Alappuzha. The…
Judgment
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 16TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945 TR.P(C) NO. 161 OF 2023 AGAINST THE ORDER/JUDGMENT GOP 433/2021 OF FAMILY COURT,ERNAKULAM PETITIONER/RESPONDENT: SANGEETHA P.G. AGED 36 YEARS DAUGHTER OF GOPIDAS, PARUTHIKATTUPARAMBIL, AROOR, ALAPPUZHA DISTRICT, PIN – 688534 BY ADVS. PEEYUS A.KOTTAM RAGESH CHAND R.G. RESPONDENT/PETITIONER: ANILKUMAR AGED 39 YEARS SON OF AMBUJAKSHAN, PADINJARECHEERANGATT HOUSE, CHERAI, PALLIPPURAM, PIN – 683514 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.01.2024, ALONG WITH Tr.P(C).150/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Tr.P(C) Nos.150/2023, 161/2023 -3-
O R D E R [Tr.P(C) Nos.150/2023, 161/2023] The petitioner/wife seeks transfer of O.P. No.2978/2022 and G.O.P.No.433/2021 on the files of the Family Court, Ernakulam to the Family Court, Alappuzha. The transfer is premised on the ground that the petitioner/wife is residing in the jurisdictional limits of the Family Court, Alappuzha.
Respondent No.2 in Tr.P(C)No.150/2023 has been reported as deceased. Respondent No.2 is the father of respondent No.1, who is the husband of the petitioner, the contesting respondent. Hence service on the second respondent is dispensed with. Though notice was served on the respondent, there is no representation for the respondent in Tr.P(C)No.161/2023. Tr.P(C) Nos.150/2023, 161/2023 -4-
Learned counsel for the petitioner relied on the judgment of the Honourable Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha [AIR 2022 SC 4318], to emphasise that convenience of the wife is surely a matter to be looked into, while fixing the forum for adjudication of matrimonial disputes.
Operative part
Having heard the learned counsel appearing on both sides and having considered the attendant facts and circumstances, these Transfer Petitions are allowed. Accordingly, O.P. No.2978/2022 and G.O.P.No.433/2021 pending before the Family Court, Ernakulam are directed to be transferred to the Family Court, Alappuzha. The transferor court shall transmit the entire records to the transferee court, forthwith. vv JUDGE Sd/- C. JAYACHANDRAN Tr.P(C) Nos.150/2023, 161/2023 -5- APPENDIX OF TR.P(C) 161/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE PETITION IN G.O.P. 433/2021 PENDING BEFORE THE FAMILY COURT, ERNAKULAM FILED BY THE RESPONDENT Tr.P(C) Nos.150/2023, 161/2023 -6- APPENDIX OF TR.P(C) 150/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE O.P.NO 2978/2022 FILED BY THE PETITIONER FOR RECOVERY OF MONEY FROM THE RESPONDENTS BEFORE THE FAMILY COURT, ERNAKULAM (ORDERED TO TRANSFER TO PARAVOOR FAMILY COURT)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.