Salini K.S. vs Anoopkumar

Type Court Judgment Court Kerala Decided Feb 14, 2022

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Citation: sooperkanoon.com/1483435
Court: Kerala High Court
Judge: Honourable Mr.Justice Basant Balaji
Decided On: Feb 14, 2022
Case Number: Tr.P(C)/320/2021

Parties & Advocates

Appellant / Petitioner

Salini K.S.

Respondent

Anoopkumar

Excerpt

.....melepurakka, chiramanmkad desom, chiramanamkad village, post, thalapilly taluk, thrissur district, pin - 680 604. this transfer petition (civil) having come up for admission on 14.02.2022, the court on the same day delivered the following:order(dated: 14th february, 2022) this transfer petition is filed by the petitioner/wife, seeking transfer of o.p.no.1383 of 2020 pending before the family court, thrissur to the family court, ottapalam. o.p.no.1383 of 2020 was filed for restitution of conjugal rights.2. learned counsel for the petitioner/wife submits that, the petitioner and respondent are husband and wifeand their marriage was solemnised on 09.04.2018 and there are no issues in the wedlock. due to matrimonial disputes, now the parties are living separately and it is thereafter the husband has filed the said case for restitution of conjugal rights.3. the case of the petitioner/wife is that, she is a resident of anakkara in pattambi taluk and it is difficult for the petitioner to appear before thethrissur family court to contest the case. the family court, ottapalam is close by to her house and it is convenient for her. moreover, the husband does not have any problem in appearing before the family court, ottapalam. the petitioner relies on the decision reported in sumita singh v. kumar sanjay and another (air 2002 (sc) 396) & arti rani lr's., pinki devi and another v. darmendra kumar gupta (2008 (9) scc 353), wherein the apex court has held that, while considering the request of transfer in matrimonial proceedings, convenience of the wife has to be given priority to the extent possible. taking note of the above dictum, i am of the opinion that the transfer petition can be allowed and o.p.no.1383 of 2020 pending before the family court, thrissur is withdrawn and transferred to the family court, ottapalam. the records shall be transmitted by the family court, thrissur to the family court, ottapalam immediately. on receipt of the records, the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 14TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943 TR.P.(C) NO.320 OF 2021 (SEEKING TO TRANSFER OP 1383/2020 OF FAMILY COURT, THRISSUR TO FAMILY COURT, OTTAPALAM) PETITIONER/RESPONDENT: SALINI K.S., AGED 28 YEARS, D/O. SASI, KARUVAN VALAPPIL HOUSE, ANAKKARA VILLAGE, ANAKKARA P. O., PATTAMBI TALUK, PALAKKAD DISTRICT. BY ADVS. SRI. K.RAKESH SRI.PRAVEEN K.S. RESPONDENT/PETITIONER: ANOOPKUMAR, AGED 33 YEARS, S/O. DAMODHARAN, MELEPURAKKA, CHIRAMANMKAD DESOM, CHIRAMANAMKAD VILLAGE, POST, THALAPILLY TALUK, THRISSUR DISTRICT, PIN - 680 604. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

(Dated: 14th February, 2022) This Transfer Petition is filed by the petitioner/wife, seeking transfer of O.P.No.1383 of 2020 pending before the Family Court, Thrissur to the Family Court, Ottapalam. O.P.No.1383 of 2020 was filed for restitution of conjugal rights.

2. Learned counsel for the petitioner/wife submits that, the petitioner and respondent are husband and wife

and their marriage was solemnised on 09.04.2018 and there are no issues in the wedlock. Due to matrimonial disputes, now the parties are living separately and it is thereafter the husband has filed the said case for restitution of conjugal rights.

3. The case of the petitioner/wife is that, she is a resident of Anakkara in Pattambi Taluk and it is difficult for the petitioner to appear before the

Thrissur Family Court to contest the case. The Family Court, Ottapalam is close by to her house and it is convenient for her. Moreover, the husband does not have any problem in appearing before the Family Court, Ottapalam. The petitioner relies on the decision reported in Sumita Singh v. Kumar Sanjay and another (AIR 2002 (SC) 396) & Arti Rani LR's., Pinki Devi and Another V. Darmendra Kumar Gupta (2008 (9) SCC 353), wherein the Apex Court has held that, while considering the request of transfer in matrimonial proceedings, convenience of the wife has to be given priority to the extent possible. Taking note of the above dictum, I am of the opinion that the transfer petition can be allowed and O.P.No.1383 of 2020 pending before the Family Court, Thrissur is withdrawn and transferred to the Family Court, Ottapalam. The records shall be transmitted by the Family Court, Thrissur to the Family Court, Ottapalam immediately. On receipt of the records, the Family Court, Ottapalam shall issue notice to the parties and dispose of the case in accordance with law. Transfer Petition is allowed. Sd/- BASANT BALAJI, JUDGE ss APPENDIX OF TR.P(C) 320/2021 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE O.P.NO.1383/2020 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THRISSUR DATED 9.9.2020.

Same Court & Year Kerala · 2022 Same Parties Salini K.S. vs Anoopkumar Same Judge Honourable Mr.Justice Basant Balaji