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Julie Francis vs Adarsh U

Julie Francis vs Adarsh U

Type Court Judgment Court Kerala Decided Mar 15, 2024
~2 min read
https://sooperkanoon.com/case/1306762

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Tr.P(C)/96/2024

Parties & Advocates

Appellant / Petitioner

Julie Francis

Respondent

Adarsh U

Excerpt

.....kollam, pin - 690 538 by adv e.c.ahamed fazil respondent/respondent in op: adarsh u aged 30 years, s/o. uthaman, adarsh bhavanam, kidappuram, peringalam, mandrothuruthu, kollam district -, pin - 691 502 this transfer petition (civil) having come up for admission on 15.03.2024, the court on the same day delivered the following:orderdated this the 15th day of march 2024 petitioner herein is the petitioner in o.p.(div) no.13 of 2022 pending before the family court, kollam. the petitioner seeks transfer of the said original petition to the family court, chavara, essentially on the ground of petitioner's convenience, she having her place of residence within the limits of the transferee court.2. despite service of notice, the respondent had not appeared before this court.3. having heard the learned counsel appearing for thepetitioner, this court is inclined to allow the instant transfer petition. this court takes stock of the settled legal position that the convenience of the wife is a matter to be taken into consideration, while fixing the forum for adjudication of matrimonial disputes, as held by the hon'ble supreme court in a catena of cases, including n.c.v.aishwarya v. a.s.saravana karthik sha [air 2022 sc 4318].in the circumstances, this transfer petition is allowed, directing transfer of o.p.(div) no.13 of 2022 pending before the family court, kollam, to the family court, chavara. the transferor court shall transmit the entire records to the transferee court, forthwith. c. jayachandran judge vpv the entry “op(div)” appearing in cause title, paragraph 1 and 4 of thejudgment dated 15.03.2024 is corrected as “op (sma)” as per order dated11.04.2024 in i.a.no.2/2024 in tr.p(c)96/2024. deputy registrar appendix of tr.p(c) 96/2024 petitioner annexures annexure a1 true copy of op (div) no. 13 of 2022 on the files of family court, kollam dated nil (february 2022)

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 TR.P(C) NO. 96 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN OPDIV NO.13 OF 2022 OF FAMILY COURT,KOLLAM

PETITIONER/PETITIONER IN OP: JULIE FRANCIS AGED 24 YEARS, D/O. FRANCIS, FRANCIS VILLA, ARINALLUR POST, ARINALLUR SOUTH, THEVALAKKARA, KOLLAM, PIN - 690 538 BY ADV E.C.AHAMED FAZIL RESPONDENT/RESPONDENT IN OP: ADARSH U AGED 30 YEARS, S/O. UTHAMAN, ADARSH BHAVANAM, KIDAPPURAM, PERINGALAM, MANDROTHURUTHU, KOLLAM DISTRICT -, PIN - 691 502 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 15th day of March 2024 Petitioner herein is the petitioner in O.P.(Div) No.13 of 2022 pending before the Family Court, Kollam. The petitioner seeks transfer of the said Original Petition to the Family Court, Chavara, essentially on the ground of petitioner's convenience, she having her place of residence within the limits of the transferee court.

2. Despite service of notice, the respondent had not appeared before this Court.

3. Having heard the learned counsel appearing for the

petitioner, this Court is inclined to allow the instant Transfer Petition. This Court takes stock of the settled legal position that the convenience of the wife is a matter to be taken into consideration, while fixing the forum for adjudication of matrimonial disputes, as held by the Hon'ble Supreme Court in a catena of cases, including N.C.V.Aishwarya v. A.S.Saravana Karthik Sha [AIR 2022 SC 4318].

In the circumstances, this Transfer Petition is allowed, directing transfer of O.P.(Div) No.13 of 2022 pending before the Family Court, Kollam, to the Family Court, Chavara. The transferor Court shall transmit the entire records to the transferee Court, forthwith. C. Jayachandran Judge vpv The entry “OP(Div)” appearing in cause title, paragraph 1 and 4 of the

judgment dated 15.03.2024 is corrected as “OP (SMA)” as per order dated

11.04.2024 in I.A.No.2/2024 in Tr.P(C)96/2024. Deputy Registrar APPENDIX OF TR.P(C) 96/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF OP (DIV) NO. 13 OF 2022 ON THE FILES OF FAMILY COURT, KOLLAM DATED NIL (FEBRUARY 2022)

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Same Court & Year Kerala · 2024 Same Parties Julie Francis vs Adarsh U Same Judge Honourable Mr.Justice C. Jayachandran

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