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Saritha M.V vs Rajesh.a,

Saritha M.V vs Rajesh.a,

Type Court Judgment Court Kerala Decided Mar 13, 2025
~4 min read
https://sooperkanoon.com/case/1277141

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Tr.P(C)/29/2025
Subject
Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

Saritha M.V

Respondent

Rajesh.a,

Excerpt

.....the same court, claiming past maintenance and monthly maintenance allowance respectively. while so, the respondent filed o.p.no.1015 of 2024 against the petitioner seeking for a decree of restitution of conjugal rights under the hindumarriage act before the family court, kasaragod. the petitioner seeks a transfer of the said o.p. to the family court, kannur.2. though service is complete, none appears from the side of the respondent.3. the petitioner submits that she is staying andworking at kozhikode. the family court, kasaragod is around 250 kms away from her present residence. the income derived from the job of the petitioner is the sole source of livelihood of the petitioner and her two school going children. therefore, she is not financially affluent to meet the travel expenses from kannur to kasaragod to attend on all posting dates. besides all, 4 cases filed by the petitioner are pending before the family court, kannur.5. the apex court in sumitha singh v. kumar sanjay and another [(2001)10 scc 41], mona aresh goelv.aresh satya goel[(2000) 9 scc 255], vaishali shridhar jagtap v.sridahar vishwanath jagtap[air 2016 sc 3584] and santhini v.vijaya venkatesh [2017 (4) klt 415(sc)] held that, in matrimonial disputes, the prior consideration is to the convenience of the wife and in such cases the transfer has been effected. thus, in the light of the uncontroverted averments in the transfer petition, considering the pendency of abovementioned 4 cases and the law laid down by the hon’ble supreme court in the afore cited decisions, i am inclined to transfer o.p.no.1015 of 2024, pending before the family court, kasaragod to the family court, kannur, to be tried along with o.p. nos.1681, 1682, 1683 of 2024 and m.c.no.447 of 2024. in the result, this tr.p.c. is allowed and o.p.no.1015 of 2024, pending before the family court, kasaragod, is withdrawn and transferred to the family court, kannur. thefamily court, kasaragod, shall immediately transfer the records to.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946 TR.P(C) NO. 29 OF 2025 TO TRANSFER OP NO.1015 OF 2024 OF FAMILY COURT, KASARAGOD PETITIONER/S: SARITHA M.V AGED 43 YEARS D/O. RAGHAVAN MASTER, RESIDING AT APARNA , PARIYARAM P.O., PARIYAROM AMSOM, PARIYAROM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670502 BY ADVS. T.B.THANKAPPAN T.T.HARIKUMAR A.GOPALAKRISHNAN (ALAPAT) DIPIN DILEEP M.A.JASEELA RESPONDENT/S: RAJESH.A, S/O. KADUNGAN, AGED 48 YEARS, SIBILA HOUSE, THATTACHERI, NILESWARAM P.O., NILESWAR VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT, PIN - 671314 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

(Dated this the 13th day of March 2025)

The petitioner is the wife of the respondent. The marriage between them was solemnised on 24.3.2007 in accordance with Hindu rites and ceremonies and two daughters are born out of the wedlock. When the marital relationship between the petitioner and respondent got strained, the petitioner filed O.P.No.1681 of 2024, seeking for a decree of divorce and O.P.No.1682 of 2024, for return of gold ornaments, before the Family Court, Kannur. Further more, she along with her two daughters, filed O.P.Nos.1683 of 2024 and M.C.No.447 of 2024 before the same Court, claiming past maintenance and monthly maintenance allowance respectively. While so, the respondent filed O.P.No.1015 of 2024 against the petitioner seeking for a decree of restitution of conjugal rights under the Hindu

Marriage Act before the Family Court, Kasaragod. The petitioner seeks a transfer of the said O.P. to the Family Court, Kannur.

2. Though service is complete, none appears from the side of the respondent.

3. The petitioner submits that she is staying and

working at Kozhikode. The Family court, Kasaragod is around 250 kms away from her present residence. The income derived from the job of the petitioner is the sole source of livelihood of the petitioner and her two school going children. Therefore, she is not financially affluent to meet the travel expenses from Kannur to Kasaragod to attend on all posting dates. Besides all, 4 cases filed by the petitioner are pending before the Family Court, Kannur.

5. The Apex Court in Sumitha Singh v. Kumar Sanjay and another [(2001)10 SCC 41], Mona Aresh Goel

V.Aresh Satya Goel[(2000) 9 SCC 255], Vaishali Shridhar Jagtap V.Sridahar Vishwanath Jagtap[AIR 2016 SC 3584] and Santhini V.Vijaya Venkatesh [2017 (4) KLT 415(SC)] held that, in matrimonial disputes, the prior consideration is to the convenience of the wife and in such cases the transfer has been effected. Thus, in the light of the uncontroverted averments in the Transfer Petition, considering the pendency of abovementioned 4 cases and the law laid down by the Hon’ble Supreme Court in the afore cited decisions, I am inclined to transfer O.P.No.1015 of 2024, pending before the Family Court, Kasaragod to the Family Court, Kannur, to be tried along with O.P. Nos.1681, 1682, 1683 of 2024 and M.C.No.447 of 2024. In the result, this Tr.P.C. is allowed and O.P.No.1015 of 2024, pending before the Family Court, Kasaragod, is withdrawn and transferred to the Family Court, Kannur. The

Family Court, Kasaragod, shall immediately transfer the records to the Family Court, Kannur, and the Family Court, Kannur shall, upon receipt of the records, shall issue notice for appearance of parties. Sd/- BASANT BALAJI JUDGE

dl/ APPENDIX OF TR.P(C) 29/2025 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE O.P.1681/2024 DATED 11.11.2024 ON THE FILE OF THE FAMILY COURT, KANNUR Annexure A2 A TRUE COPY OF O.P.NO.1682/2024 DATED 11.11.2024 ON THE FILE OF THE FAMILY COURT, KANNUR Annexure A3 A TRUE COPY OF THE O.P. 1683 /2024 DATED 11.11.2024 ON THE FILE OF THE FAMILY COURT, KANNUR Annexure A4 A TRUE COPY OF MC 447/2024 DATED 11.11.2024 ON THE FILE OF THE FAMILY COURT, KANNUR Annexure A5 TRUE COPY OF THE NOTICE DATED 20.12.2024 ISSUED FROM THE FAMILY COURT KASARGODE IN O.P.1015/2024

Continue Your Research

Same Court & Year Kerala · 2025 Same Parties Saritha M.V vs Rajesh.a, Same Subject Land Acquisition Same Judge Honourable Mr.Justice Basant Balaji
Land Acquisition

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