Kerala High Court
Indhu vs Anilkumar on 30 November, 2017
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 30TH DAY OF NOVEMBER 2017/9TH AGRAHAYANA, 1939
Tr.P(C).No. 241 of 2017 ()
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OP 1077/2016 of FAMILY COURT, NEDUMANGAD
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PETITIONER :
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INDHU, AGED 31 YEARS, D/O. SATHYAN,
VAYALIL VEEDU, ANATHALAVATTOM,
SARKARA VILLAGE,KADAKKAVOOR P.O,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENTS :
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1. ANILKUMAR
S/O. CHELLAPPAN, KULAPPANACHA VEEDU,
THUMBODU, KALLARA VILLAGE,
THIRUVANANTHAPURAM DISTRICT-695 001.
2. SANTHANAVALLI
D/O. CHELLAMMA, KULAPPANACHA VEEDU,
THUMBODU, KALLARA VILLAGE,
THIRUVANANTHAPURAM DISTRICT-695 001.
R1 TO R2 BY ADV. SRI.M.R.RAJESH
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30-11-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Tr.P(C).No. 241 of 2017 ()
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APPENDIX
PETITIONER'S ANNEXURE'S :
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ANNEXURE A1: COPY OF THE ABOVE OP 1077/2016 BEFORE FAMILY
COURT, NEDUMANGAD.
ANNEXURE A2: COPY OF THE PETITION IN OP NO.64/2016 DT 13/1/2016
BEFORE THE FAMILY COURT, ATTINGAL.
ANNEUXRE A3: COPY OF THE PETITION NO MC 257/2016 BEFORE THE
FAMILYCOURT,ATINGAL D T 24/6/2016.
ANNEXURE A4: COPY OF THE OBJECTION IN MC 257/2016 BEFORE THE
FAMILYCOURT,ATTINGAL.
RESPONDENT'S ANNEXURES : NIL.
//TRUE COPY//
P.A. TO JUDGE
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ANIL K. NARENDRAN, J.
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Tr.P (C) No.241 of 2017
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Dated this the 30th day of November, 2017
O R D E R
The petitioner, who is the respondent in O.P.No.1077/2016 on the file of the Family Court, Nedumangad, has filed this Transfer Petition under Section 24 of the Code of Civil Procedure, 1908, seeking an order to transfer the said original petition from the Family Court, Nedumangad to the Family Court, Attingal. O.P.No.1077/2016 is one filed by the respondents seeking permanent prohibitory injunction and for other consequential reliefs.
2. On 4.4.2017, when this transfer petition came up for admission this Court admitted the matter on file and issued notice by speed post to the respondents. This Court has also granted an interim stay of all further proceedings in O.P. No.1077/2016 pending before the Family Court, Nedumangad, as prayed for, and the said interim order is still in force.
3. Heard arguments.
4. O.P.No.1077/2016 filed by the first respondent/ husband and his mother, who are the respondents herein, is now Tr.P (C) No.241 of 2017 :-2-:
pending consideration before the Family Court, Nedumangad. The petitioner/wife is residing at Kadakkavoor in Thiruvananthapuram district, at her parental home. O.P. No.64/2016 filed by the petitioner/wife for return of gold ornaments and other consequential relief is pending consideration before the Family Court, Attingal. Similarly, M.C.No.257/2016 filed by her under Section 125(1) of the Code of Criminal Procedure, is also pending consideration before the Family Court, Attingal. Therefore, if O.P.No.1077/2016 filed by the first respondent/husband and his mother is proceeded before the Family Court, Nedumangad, she will be put to untold hardships.
5. In Sumita Singh v. Kumar Sanjay [(2001) 10 SCC 41] the Apex Court held that in matrimonial proceedings filed by the husband against the wife, the convenience of the wife must be looked into. The said position was reiterated in Rajani Kishor Pardeshi v. Kishore Babulal Pardeshi [(2005) 12 SCC 237] by holding that in matrimonial disputes, the convenience of the wife is to be preferred over the convenience of the husband.
Tr.P (C) No.241 of 2017 :-3-:
On noticing that the leniency shown by the court is being misused by women, the Apex Court in Anindita Das v. Srijit Das [(2006) 9 SCC 197] held that, it is necessary to consider each petition on merits.
6. Considering the facts and circumstances of the case, in the light of the decisions of the Apex Court referred to supra, this Court finds that the petitioner has made out a case for transfer of O.P.No.1077/2016 from the Family Court, Nedumangad to the Family Court, Attingal. Accordingly, O.P.No.1077/2016 pending before the Family Court, Nedumangad is withdrawn and transferred to the Family Court, Attingal.
7. The Family Court, Nedumangad is directed to transmit the records to the Family Court, Attingal. The Registry is directed to communicate a copy of this order to both the courts immediately.
8. Both parties shall appear before the Family Court, Attingal, on 21.12.2017.
This Transfer Petition is disposed of as above.
Sd/-
ANIL K. NARENDRAN JUDGE ab //True Copy//