Arya Mohan vs Praveen.M

Type Court Judgment Court Kerala Decided Jun 08, 2022

~3 min read

https://sooperkanoon.com/case/1443586

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1443586
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Jun 08, 2022
Case Number: Tr.P(C)/47/2021

Parties & Advocates

Appellant / Petitioner

Arya Mohan

Respondent

Praveen.M

Excerpt

.....of law by the hon'ble supreme court in sumitha sing v. kumar sanjay and another [(2001)10 scc 41)], mona aresh goel v. aresh satya goel [(2000) 9 scc 255], vaishali shridhar jagtap v. shridhar vishwanath jagtap [air 2016 sc 3584], santhini v. vijaya venkatesh [2017 (4) klt 415 (sc)] valsal nisha v. rajesh soman nair [2020(8) klr 475]. the hon’ble supreme court has held that it is the convenience of thewoman and children that has to be looked into, while ordering the transfer of a case from one court to another.5. in the light of the uncontroverted pleadingsand materials on record, particularly the fact that the petitioner and the child are residing in puthenchira and the petitioner is a destitute woman, and the law laid down by the hon’ble supreme court in the afore-cited -:4:- decisions, i am inclined to exercise the discretionary powers of this court under section 24 of the c.p.c. in the result, i allow the transfer petition by ordering the transfer of o.p. no.2286/2020 from the family court, ernakulam to the family court, irinjalakuda. the registry shall forward a copy of thisorder to the family court, ernakulam, with instructionsto forthwith transmit the records in o.p. no.2286/2020 to the family court, irinjalakuda. the family court, irinjalakuda shall, immediately on the receipt of the records in the above case, issue notice to the parties for their appearance. sd/- c.s.dias,judge dst/08.06.22 //true copy/ p.a.to judge -:5:- appendix petitioner’s annexure: annexure 1 a true copy of the o.p. no. 2286/2020 on the file of family court, ernakulam. respondent’s exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944 TR.P(C) NO. 47 OF 2021 IN OP NO.2286/2020 OF FAMILY COURT,ERNAKULAM PETITIONER/RESPONDENT: ARYA MOHAN, AGED 22 YEARS, D/O. MOHANAN, CHEGANATH HOUSE, PAKARAPPILLY, PUTHENCHIRA P.O, THRISSUR DISTRICT, PIN-680 682 BY ADV RAJESH CHAKYAT RESPONDENT/PETITIONER: PRAVEEN.M, AGED 30 YEARS, S/O. A.P. MOHANAN, AMBAT HOUSE, MOOKKANNUR P.O, ERNAKULAM DISTRICT, PIN-683 577 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 8th day of June,2022

ORDER

The transfer petition is filed under Section 24 of the Code of Civil Procedure,1908(in short, 'C.P.C.'), seeking to transfer O.P. No.2286/2020 (Annexure-1), from the Family Court, Enakulam, to the Family Court, Irinjalakuda.

2. The petitioner’s case, in brief, in the

memorandum of transfer petition is that; she is the wife of the respondent. They have a daughter born in the wedlock. The petitioner has filed Annexure-1, seeking a decree of divorce. It is difficult for the petitioner to travel all the way from Puthenchira to Ernakulam, to defend Annexure-1, as there is no person to chaperone her. The sole intention of the respondent is to harass the petitioner. The petitioner is unemployed and is unable to maintain herself. Hence, the transfer petition.

3. Heard the learned counsel appearing for the petitioner. Even though service of notice is complete on respondent, there is no appearance for him. -:3:-

4. The law with respect of transfer of

proceedings, particularly matrimonial disputes, is no longer res integra, in view of the categoric declaration of law by the Hon'ble Supreme Court in Sumitha Sing V. Kumar Sanjay and another [(2001)10 SCC 41)], Mona Aresh Goel V. Aresh Satya Goel [(2000) 9 SCC 255], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584], Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)] Valsal Nisha v. Rajesh Soman Nair [2020(8) KLR 475]. The Hon’ble Supreme Court has held that it is the convenience of the

woman and children that has to be looked into, while ordering the transfer of a case from one Court to another.

5. In the light of the uncontroverted pleadings

and materials on record, particularly the fact that the petitioner and the child are residing in Puthenchira and the petitioner is a destitute woman, and the law laid down by the Hon’ble Supreme Court in the afore-cited -:4:- decisions, I am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P.C. In the result, I allow the transfer petition by ordering the transfer of O.P. No.2286/2020 from the Family Court, Ernakulam to the Family Court, Irinjalakuda. The Registry shall forward a copy of this

order to the Family Court, Ernakulam, with instructions

to forthwith transmit the records in O.P. No.2286/2020 to the Family Court, Irinjalakuda. The Family Court, Irinjalakuda shall, immediately on the receipt of the records in the above case, issue notice to the parties for their appearance. Sd/- C.S.DIAS,JUDGE DST/08.06.22 //True copy/ P.A.To Judge -:5:- APPENDIX PETITIONER’S ANNEXURE: ANNEXURE 1 A TRUE COPY OF THE O.P. NO. 2286/2020 ON THE FILE OF FAMILY COURT, ERNAKULAM. RESPONDENT’S EXHIBITS: NIL

Same Court & Year Kerala · 2022 Same Parties Arya Mohan vs Praveen.M Same Judge Honourable Mr.Justice C.S.Dias