Krishnankutty vs Sunitha

Type Court Judgment Court Kerala Decided Apr 07, 2021

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https://sooperkanoon.com/case/1673656

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Citation: sooperkanoon.com/1673656
Court: Kerala High Court
Judge: Honourable Mr.Justice T.V.Anilkumar
Decided On: Apr 07, 2021
Case Number: Tr.P(C)/421/2019

Parties & Advocates

Appellant / Petitioner

Krishnankutty

Respondent

Sunitha

Excerpt

.....sunitha, aged 30 years, d/o. gopalan (late), thrithipuram (h) koorad p.o., nilambur taluk, malappuram district 676 339. this transfer petition (civil) having been finally heard on 07.04.2021, the court on the same day delivered the following:orderthe petitioner in this transfer petition is the husband, who is the respondent in o.p.no.288/2017 pending on the file of family court, malappuram. the original petition was filed by respondent/wife for dissolution of marriage. the petitioner's request in this petition is for transfer of proceedings from family court, malappuram to family court, kalpetta.2. the learned counsel for the petitioner submits thatthe petitioner is a blind person with 100% disability and therefore he cannot travel without the help of others. it is also submitted that he has no earning capacity too.3. i heard the learned counsel appearing for the petitioner. the respondent in spite of having been served did not file any counter opposing this petition.4. considering the submission that the petitioner is ablind person with 100% disability and cannot travel without the help of others, i am of the opinion that request made by the petitioner for transfer is lawful and reasonable.in the result, this transfer petition (civil) is allowed. o.p.no.288/2017 pending on the files of the family court, malappuram is withdrawn and made over to the family court, kalpetta. the family court, malappuram is hereby directed to forward all records immediately to the family court, kalpetta and on receipt of the same, the family court, kalpetta shall fix an early date for appearance of parties and issue notice.sd/- t.v.anilkumar, judge amv/07/04/2021appendix petitioner's/s exhibits: annexure 1 the true copy of the o.p. 288/2017 dated 10/5/2017. annexure 2 a true copy of the identity card issued by district transport office. annexure 3 the counter filed by the petitioner to the original petition dated 11.01.2018 annexure 4 a true copy of the i.a. 56/2018.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943 TO TRANSFER OP 288/2017 OF FAMILY COURT, MALAPPURAM TO FAMILY COURT, KALPETTA PETITIONER/S: KRISHNANKUTTY, AGED 48 YEARS S/O. KRISHNAN, CHENAMKOLLI (H), MUTTIL P.O., WAYANAD DISTRICT. BY ADV. SRI.C.A.ANOOP RESPONDENT/S: SUNITHA, AGED 30 YEARS, D/O. GOPALAN (LATE), THRITHIPURAM (H) KOORAD P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT 676 339. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

The petitioner in this transfer petition is the husband, who is the respondent in O.P.No.288/2017 pending on the file of Family Court, Malappuram. The original petition was filed by respondent/wife for dissolution of marriage. The petitioner's request in this petition is for transfer of proceedings from Family Court, Malappuram to Family Court, Kalpetta.

2. The learned counsel for the petitioner submits that

the petitioner is a blind person with 100% disability and therefore he cannot travel without the help of others. It is also submitted that he has no earning capacity too.

3. I heard the learned counsel appearing for the petitioner. The respondent in spite of having been served did not file any counter opposing this petition.

4. Considering the submission that the petitioner is a

blind person with 100% disability and cannot travel without the help of others, I am of the opinion that request made by the petitioner for transfer is lawful and reasonable.

In the result, this transfer petition (Civil) is allowed. O.P.No.288/2017 pending on the files of the Family Court, Malappuram is withdrawn and made over to the Family Court, Kalpetta. The Family Court, Malappuram is hereby directed to forward all records immediately to the Family Court, Kalpetta and on receipt of the same, the Family Court, Kalpetta shall fix an early date for appearance of parties and issue notice.

Sd/- T.V.ANILKUMAR, JUDGE AMV/07/04/2021

APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE 1 THE TRUE COPY OF THE O.P. 288/2017 DATED 10/5/2017. ANNEXURE 2 A TRUE COPY OF THE IDENTITY CARD ISSUED BY DISTRICT TRANSPORT OFFICE. ANNEXURE 3 THE COUNTER FILED BY THE PETITIONER TO THE ORIGINAL PETITION DATED 11.01.2018 ANNEXURE 4 A TRUE COPY OF THE I.A. 56/2018 IN O.P. NO. 288.2017 ANNEXURE 5 A TRUE COPY OF THE ORDER IN I.A. RESPONDENTS EXHIBITS : NILAMBUR

TRUE COPY P.A.TO JUDGE

Same Court & Year Kerala · 2021 Same Parties Krishnankutty vs Sunitha Same Judge Honourable Mr.Justice T.V.Anilkumar