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Namitha.K vs Pradeep Kumar.V,

Namitha.K vs Pradeep Kumar.V,

Type Court Judgment Court Kerala Decided Nov 22, 2023
~2 min read
https://sooperkanoon.com/case/1401398

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Tr.P(C)/742/2023

Parties & Advocates

Appellant / Petitioner

Namitha.K

Respondent

Pradeep Kumar.V,

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice c. jayachandran wednesday, the 22nd day of november 2023 / 1st agrahayana, 1945 against the order/judgment op 800/2023 of family court, thalassery petitioner/respondent :- namitha.k, aged 37 years w/o.pradeep kumar.v, house no.22/133, "namitha", jawahar nagar, near kasaba police station, kurudikkad, pudussery west, kanjikode west, palakkad, pin - 678623 by adv v.a.johnson (varikkappallil) respondent/petitioner :- pradeep kumar.v, aged 45 years s/o.vamanan namboothiri, alakapuri house, chedichery, peruvalathuparambu, irikkur, kannur, pin - 670593 this transfer petition (civil) having come up for admission on 22.11.2023, the court on the same day delivered the following:orderthis petition is preferred by the petitioner/wife, seeking transfer of o.p.no.800/2023from the the family court, thalassery to family court, palakkad. transfer is sought for on the ground of convenience of the wife, since she isresiding within the limits of the transferee court.2. heard the learned counsel appearing on both sides.3. in view of the authoritative pronouncement of the hon'ble supreme court in sumita singh v.kumar sanjay & another [(2001) 10 scc 41], the convenience of the wife is certainly a matter to be taken into consideration while fixing the forum in respect of matrimonial disputes.4. in these circumstances, this transfer petition is allowed directing transfer of o.p.no.800/2023 pending before the family court, thalassery, to the family court, palakkad. the transferor court shall transmit all the records to the transferee court, forthwith.sd/- c.jayachandran judge sma appendix of tr.p(c) 742/2023 petitioner annexures :- annexure 1 true copy of o.p.no:800/2023 on the file of the family court-thalassery along with its notice dated 16.10.2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945 AGAINST THE ORDER/JUDGMENT OP 800/2023 OF FAMILY COURT, THALASSERY PETITIONER/RESPONDENT :- NAMITHA.K, AGED 37 YEARS W/O.PRADEEP KUMAR.V, HOUSE NO.22/133, "NAMITHA", JAWAHAR NAGAR, NEAR KASABA POLICE STATION, KURUDIKKAD, PUDUSSERY WEST, KANJIKODE WEST, PALAKKAD, PIN - 678623 BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT/PETITIONER :- PRADEEP KUMAR.V, AGED 45 YEARS S/O.VAMANAN NAMBOOTHIRI, ALAKAPURI HOUSE, CHEDICHERY, PERUVALATHUPARAMBU, IRIKKUR, KANNUR, PIN - 670593 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This petition is preferred by the petitioner/wife, seeking transfer of O.P.No.800/2023

from    the        the   Family    court,           Thalassery        to   Family
Court,       Palakkad.         Transfer        is    sought      for       on    the
ground      of     convenience         of    the     wife,      since      she   is

residing within the limits of the transferee court.

2. Heard the learned counsel appearing on both sides.

3. In view of the authoritative pronouncement of the Hon'ble Supreme Court in Sumita Singh v.

Kumar Sanjay & another [(2001) 10 SCC 41], the convenience of the wife is certainly a matter to be taken into consideration while fixing the forum in respect of matrimonial disputes.

4. In these circumstances, this Transfer Petition is allowed directing transfer of O.P.No.800/2023 pending before the Family Court, Thalassery, to the Family Court, Palakkad. The transferor Court shall transmit all the records to the transferee Court, forthwith.

Sd/- C.JAYACHANDRAN JUDGE SMA APPENDIX OF TR.P(C) 742/2023 PETITIONER ANNEXURES :- Annexure 1 TRUE COPY OF O.P.NO:800/2023 ON THE FILE OF THE FAMILY COURT-THALASSERY ALONG WITH ITS NOTICE DATED 16.10.2023

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