JEPHY JOSEPH v. EDWIN FERNANDEZ
Case at a glance
- Bench
- C JAYACHANDRAN
Key paragraphs
- Para 22. The legal position with respect to transfer in matrimonial matters has been clarified by the Hon'ble Supreme Court in a catena of decisions, including the one in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha [AIR 2022 SC 4318], holding that the convenience of the…
Judgment
O R D E R Dated this the 29th day of January, 2024 Petitioner is the respondent/wife in O.P. (Div.) No.887/2023, pending before the Family Court, Tirur. Transfer is sought for on the ground of convenience of the wife, since she is residing within the limits of the Family Court, Aluva. Although notice was served on the respondent, there is no representation.
The legal position with respect to transfer in matrimonial matters has been clarified by the Hon'ble Supreme Court in a catena of decisions, including the one in N.C.V. Aishwarya v. A.S. Saravana Karthik Sha [AIR 2022 SC 4318], holding that the convenience of the wife is certainly a matter to be taken into consideration. Tr.P.(C).NO.880 of 2023 ..3.. In the circumstances, this Transfer Petition is allowed, directing transfer of O.P.(Div.) No.887/2023 pending before the Family Court, Tirur to the Family Court, Aluva. The transferor Court shall transmit the entire records to the transferee Court, forthwith. Skk//29.01.2024 Sd/- C. JAYACHANDRAN JUDGE Tr.P.(C).NO.880 of 2023 ..4.. APPENDIX OF TR.P(C) NO.880/2023 PETITIONER'S ANNEXURES:- ANNEXURE A ANNEXURE B ANNEXURE C THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE RAJAGIRI HOSPITAL ON 05.10.2023 TO THE PETITIONER THE TRUE COPY OF THE RENT AGREEMENT DATED 05.05.2023 TRUE COPY OF FORM 8 NOTICE SEND BY THE FAMILY COURT TIRUR IN O.P NO.887/2023 DATED 13.09.2023
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.