Anima vs Syam Sankar,

ANIMA vs Syam Sankar,

Type Court Judgment Court Kerala Decided Nov 30, 2023

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https://sooperkanoon.com/case/1404783

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Citation: sooperkanoon.com/1404783
Court: Kerala High Court
Judge: Honourable Mr.Justice C. Jayachandran
Decided On: Nov 30, 2023
Case Number: Tr.P(C)/787/2023

Parties & Advocates

Appellant / Petitioner

ANIMA

Respondent

Syam Sankar,

Excerpt

.....thursday, the 30th day of november 2023 / 9th agrahayana, 1945 tr.p(c) no. 787 of 2023 against ophma 284/2023 of family court, nedumangad petitioner/respondent in op(hma)no.284/2023: anima aged 26 years d/o sreekala, residing at anima bhavan, vallamcode, kalliyoor p.o, thiruvananthapuram taluk, thiruvananthapuram district, pin - 695547 by advs. j.r.prem navaz sumeen s. preetha rani m.s. muhammed swadiq respondent/petitioner in op(hma)no.284/2023: syam sankar, aged 34 years, s/o shiva rajan achari, residing at shiva bhavan, chaikulam, veeranakkavu village, kattakkada taluk, thiruvananthapuram district,, pin - by adv thulasi amma s this transfer petition (civil) having come up for admission on 30.11.2023, the court on the same day delivered the following: ..2..o r d e rdated this the 30th day of november, 2023 this transfer petition is preferred by the petitioner/wife, seeking transfer of o.p. (hma)no.284/2023 from the family court, nedumangad to the family court, thiruvananthapuram. the ground espoused is the convenience of the wife, who is residing within the limits of the family court, thiruvananthapuram.2. heard the learned counsel appearing for both sides.3. in view of the authoritative pronouncement ofthe 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 for adjudication of matrimonial disputes. ..3..5. in these circumstances, this transfer petitionis allowed, directing transfer of o.p. (hma)no.284/2023 pending before the family court, nedumangad, to the family court, thiruvananthapuram. the transferor court shall transmit all the records to the transferee court, forthwith sd/- c. jayachandran judge tr ..4.. appendix of tr.p(c) 787/2023 petitioner annexures annexure a1 the true copy of the o.p. (hma) no: 284 of 2023 filed by the respondent and pending before the hon'ble family court nedumangad

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, 1945 TR.P(C) NO. 787 OF 2023 AGAINST OPHMA 284/2023 OF FAMILY COURT, NEDUMANGAD PETITIONER/RESPONDENT IN OP(HMA)NO.284/2023: ANIMA AGED 26 YEARS D/O SREEKALA, RESIDING AT ANIMA BHAVAN, VALLAMCODE, KALLIYOOR P.O, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT, PIN - 695547 BY ADVS. J.R.PREM NAVAZ SUMEEN S. PREETHA RANI M.S. MUHAMMED SWADIQ RESPONDENT/PETITIONER IN OP(HMA)NO.284/2023: SYAM SANKAR, AGED 34 YEARS, S/O SHIVA RAJAN ACHARI, RESIDING AT SHIVA BHAVAN, CHAIKULAM, VEERANAKKAVU VILLAGE, KATTAKKADA TALUK, THIRUVANANTHAPURAM DISTRICT,, PIN - BY ADV Thulasi Amma S THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

O R D E R

Dated this the 30th day of November, 2023 This Transfer Petition is preferred by the petitioner/wife, seeking transfer of O.P. (HMA)No.284/2023 from the Family court, Nedumangad to the Family Court, Thiruvananthapuram. The ground espoused is the convenience of the wife, who is residing within the limits of the Family Court, Thiruvananthapuram.

2. Heard the learned counsel appearing for 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 for adjudication of matrimonial disputes. ..3..

5. In these circumstances, this Transfer Petition

is allowed, directing transfer of O.P. (HMA)No.284/2023 pending before the Family Court, Nedumangad, to the Family Court, Thiruvananthapuram. The transferor Court shall transmit all the records to the transferee Court, forthwith Sd/- C. JAYACHANDRAN JUDGE TR ..4.. APPENDIX OF TR.P(C) 787/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE O.P. (HMA) NO: 284 OF 2023 FILED BY THE RESPONDENT AND PENDING BEFORE THE HON'BLE FAMILY COURT NEDUMANGAD

Same Court & Year Kerala · 2023 Same Parties ANIMA vs Syam Sankar, Same Judge Honourable Mr.Justice C. Jayachandran