Sajitha T.V. vs Sunil Kumar

Type Court Judgment Court Kerala Decided Aug 31, 2021

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https://sooperkanoon.com/case/1624417

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Citation: sooperkanoon.com/1624417
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Aug 31, 2021
Case Number: Tr.P(C)/244/2021

Parties & Advocates

Appellant / Petitioner

Sajitha T.V.

Respondent

Sunil Kumar

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice v.g.arun tuesday, the 31st day of august 2021 / 9th bhadra, 1943 against the order/judgment in op 159/2020 of family court, kasaragod petitioner/s/respondent: sajitha t.v. aged 40 years, d/o.k.p.padmanabhan nambiar, kodakkal house, kokkod, korom village, chalakkod p.o., payyanur taluk, kannur district. by advs. m.v.amaresan sri.s.s.aravind respondent/s/petitioner: sunil kumar aged 45 years, s/o.raghava poduval, residing at 'sri saideep', pathwady road, uppala village and manjeshwar taluk, manjeshwar p.o., kasaragod district, pin - 671 323. by adv m.sasindran this transfer petition (civil) having come up for admission on 31.08.2021, the court on the same day delivered the following:judgmentthe marital discord among spouses has resulted in therespondent/husband filing o.p.no.159 of 2020 before the family court, kasargod. the petitioner/wife, who along with the handicapped minor child born in the wedlock is residing in kannur, has filed m.c.no.149 of 2020 and o.p. no.467 of 2020 before the family court, kannur. the petitioner seeks transfer of o.p.no.159 of 2020 from the family court, kasargod to the family court, kannur.2. it is submitted that with a handicapped child to looked after, the petitioner will have to face extreme difficulty, if compelled to contest the case at kasargod.3. the learned counsel for the respondent fairly submitted that the respondent has no objection in original petition being transferred. in the result, the tr.p.c no.244 of 2021 is allowed. o.p.no.159 of 2020 pending on the files of the family court, kasargod shall forthwith be transferred to the family court, kannur.sd/- v.g.arun judge rk appendix of tr.p(c) 244/2021 petitioner's annexure annexure 1 true copy of petition in op 159/2020 filed by the respondent before the family court, kasaragod. annexure 2 true copy of counter filed by the petitioner in o.p.159/2020 before the family court, kasaragod......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 31ST DAY OF AUGUST 2021 / 9TH BHADRA, 1943 AGAINST THE ORDER/JUDGMENT IN OP 159/2020 OF FAMILY COURT, KASARAGOD PETITIONER/S/RESPONDENT: SAJITHA T.V. AGED 40 YEARS, D/O.K.P.PADMANABHAN NAMBIAR, KODAKKAL HOUSE, KOKKOD, KOROM VILLAGE, CHALAKKOD P.O., PAYYANUR TALUK, KANNUR DISTRICT. BY ADVS. M.V.AMARESAN SRI.S.S.ARAVIND RESPONDENT/S/PETITIONER: SUNIL KUMAR AGED 45 YEARS, S/O.RAGHAVA PODUVAL, RESIDING AT 'SRI SAIDEEP', PATHWADY ROAD, UPPALA VILLAGE AND MANJESHWAR TALUK, MANJESHWAR P.O., KASARAGOD DISTRICT, PIN - 671 323. BY ADV M.SASINDRAN THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The marital discord among spouses has resulted in the

respondent/husband filing O.P.No.159 of 2020 before the Family Court, Kasargod. The petitioner/wife, who along with the handicapped minor child born in the wedlock is residing in Kannur, has filed M.C.No.149 of 2020 and O.P. No.467 of 2020 before the Family Court, Kannur. The petitioner seeks transfer of O.P.No.159 of 2020 from the Family Court, Kasargod to the Family Court, Kannur.

2. It is submitted that with a handicapped child to looked after, the petitioner will have to face extreme difficulty, if compelled to contest the case at Kasargod.

3. The learned Counsel for the respondent fairly submitted that the respondent has no objection in original petition being transferred. In the result, the Tr.P.C No.244 of 2021 is allowed. O.P.No.159 of 2020 pending on the files of the Family Court, Kasargod shall forthwith be transferred to the Family Court, Kannur.

Sd/- V.G.ARUN JUDGE RK APPENDIX OF TR.P(C) 244/2021 PETITIONER'S ANNEXURE ANNEXURE 1 TRUE COPY OF PETITION IN OP 159/2020 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, KASARAGOD. ANNEXURE 2 TRUE COPY OF COUNTER FILED BY THE PETITIONER IN O.P.159/2020 BEFORE THE FAMILY COURT, KASARAGOD. ANNEXURE 3 TRUE COPY OF CERTIFICATE OF THE PETITIONER'S SON ISSUED FROM GOVT. TALUK H.Q.HOSPITAL, TALIPARAMBA. RESPONDENT'S ANNEXURE

Same Court & Year Kerala · 2021 Same Parties Sajitha T.V. vs Sunil Kumar Same Judge Honourable Mr.Justice V.G.Arun