Krishnapriya Kalathil Rajeev vs Dileep Raj Pollancherry
2024 Latest Caselaw 4615 Ker

Kerala High Court

Krishnapriya Kalathil Rajeev vs Dileep Raj Pollancherry on 6 February, 2024

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
  TUESDAY, THE 6TH DAY OF FEBRUARY 2024/17TH MAGHA, 1945
                     TR.P(C) NO.908 OF 2023

  TO TRANSFER GOP 2040/2023 OF FAMILY COURT, THRISSUR TO
                 FAMILY COURT, KUNNAMKULAM
PETITIONER/RESPONDENT:

            KRISHNAPRIYA KALATHIL RAJEEV, AGED 31 YEARS,
            D/O.RAJEEV, KALATTHIL HOUSE, KOOTTANAND P.O,
            OTTAPALAM TALUK,
            PALAKKAD DISTRICT, PIN - 679533.

            BY ADV.MAHESH V.MENON


RESPONDENT/PETITIONER:

            DILEEP RAJ POLLANCHERRY, AGED 41 YEARS,
            S/O.ARUMUKAN, POLLANCHERRY HOUSE,
            KANIMANGALAM P.O, THRISSUR TALUK,
            THRISSUR DISTRICT, PIN - 680027.

            BY ADVS.
            K.J.MANU RAJ
            K.VINAYA(K/175/2006)
            A.P.VASAVAN(K/146/2001)
            K.K.PRASARA (K/000147/2018)


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION    ON   06.02.2024,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 Tr.P(C) No.908 of 2023
                             - 2 -


                          O R D E R

Dated, this the 6th February, 2024

The petitioner/wife seeks transfer of G.O.P.No.

2040/2023 pending before the Family Court,

Thrissur to the Family Court, Kunnamkulam. The

transfer is premised on the ground that the

petitioner/wife is residing in the jurisdictional

limits of the Family Court, Kunnamkulam.

O.P.No.2339/2023 for decree of divorce and O.P.

No.2444/2023 for return of gold ornaments, filed

by the petitioner/wife, are pending before the

Family Court, Kunnamkulam.

2. Though notice was served on the respondent,

there is no representation.

3. The learned counsel for the petitioner relied

on the judgment of the Honourable Supreme Court

in N.C.V.Aishwarya v. A.S.Saravana Karthik Sha

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[AIR 2022 SC 4318], to emphasise that convenience

of the wife is surely a matter to be looked into,

while fixing the forum for adjudication of

matrimonial disputes.

4. Having heard the learned counsel appearing

for the petitioner and having considered the

attendant facts and circumstances, this Transfer

Petition is allowed. Accordingly, G.O.P.

No.2040/2023 pending before the Family Court,

Thrissur is directed to be transferred to the

Family Court, Kunnamkulam. The transferor court

shall transmit the entire records of the case to

the transferee court, forthwith.

Sd/-

C.JAYACHANDRAN, JUDGE

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APPENDIX OF TR.P(C) 908/2023

PETITIONER'S ANNEXURES:

ANNEXURE A1 A TRUE COPY OF THE OP NO.2339/2023 ON THE FILES OF THE FAMILY COURT, KUNNAMKULAM.

ANNEXURE A2       A TRUE COPY OF OP NO.2444/2023 ON THE
                  FILES    OF    THE   FAMILY    COURT,
                  KUNNAMKULAM.

ANNEXURE A3       A TRUE COPY OF THE SUMMONS SERVED TO

THE PETITIONER IN GOP NO.2040/2023 ON THE FILES OF THE FAMILY COURT, THRISSUR.

ANNEXURE A4 A TRUE COPY OF AFFIDAVIT & PETITION FILED BY THE RESPONDENT IN GOP NO. 2040/2023 ON THE FILES OF THE FAMILY COURT, THRISSUR.