GOPIKA G v. DILEEP KUMAR
Case at a glance
Outcome
Allowed
Transfer Petition is allowed
Key paragraphs
- Para 33. Having heard the learned counsel appearing for the petitioner and having considered the attendant facts and circumstances, this Transfer Petition is allowed. Accordingly, O.P.No.2296/2023 pending before the Family Court, Thiruvananthapuram is directed to be transferred to the Family Court, Ernakulam. The transferor court shall…
Judgment
O R D E R Dated, this the 20th day of March, 2024 The petitioner/wife seeks transfer of O.P. No.2296/2023 pending before the Family Court, Thiruvananathapuram to the Family Court, Ernakulam. The transfer is premised on the ground that the petitioner/wife is residing in the jurisdictional limits of the Family Court, Ernakulam. O.P.2692/2023 is pending before the Family Court, Ernakulam between the same parties for return of gold ornaments. M.C.56/2023 is also pending before J.F.C.M, Kalamassery.
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 emphasis that convenience of the wife is surely a matter to be looked into, while fixing the forum for adjudication of Tr.P(C) No.898 of 2023 - 3 - matrimonial disputes. Though notice has been served on the respondent, there is no appearance.
Operative part
Having heard the learned counsel appearing for the petitioner and having considered the attendant facts and circumstances, this Transfer Petition is allowed. Accordingly, O.P.No.2296/2023 pending before the Family Court, Thiruvananthapuram is directed to be transferred to the Family Court, Ernakulam. The transferor court shall transmit the entire records of the case to the transferee court, forthwith. Sd/- C.JAYACHANDRAN, JUDGE SSG Tr.P(C) No.898 of 2023 - 4 - APPENDIX OF TR.P(C) 898/2023 PETITIONER'S ANNEXURES Annexure 1 Annexure 2 Annexure 3 Annexure 4 Annexure 5 Annexure 6 Annexure 7 Annexure 8 THE TRUE COPY OF THE INTERIM PETITION I.A. NO. 1/2023 IN O.P NO. 2296/2023 PENDING BEFORE THE FILE OF THE HONFOLE F`AMILY COURT, 'I`HIRUVANANTHAPURAM THE TRUE COPY OF THE NOTICE IN O.P. NO. 2296/2023 ISSUED BY THE HONBLE FAMILY COURT, THIRUVANANTHAPURAM THE TRUE COPY OF THE MEDICAL RECORDS OF THE MINOR WARD WHO IS AFFECTED BY MISPL?CEMENT OF KIDNEY THE TRUE COPY OF THE FIR IN CRIME NO.2388/2023 OF THE KALAMASSERY POLICE STATION THE TRUE COPY OF THE PROTECTION AND CUSTODY ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY IN C.M.P. NO.2886/2023 IN M.C.NO.56/2023 THE TRUE COPY OF THE ORIGINAL PETITION FILED IN O.P. NO.2692/2023 PENDING BEFORE THE HONBLE FAMILY COURT, ERNAKULAM THE TRUE COPY OF THE DATE OF BIRTH CERTIFICATE OF THE MINOR WARD TRUE COPY OF THE DETAILS PERTAINING TO COMPLAINT BEFORE THE CONTROL ROOM ON 12TH SEPTEMBER, 2023 FOR RESCUING THE PETITIONER FROM THE RESPONDENT'S RESIDENCE
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.