Krishna Dileep vs Arjun Jayachandran Nair
2024 Latest Caselaw 15853 Ker

Kerala High Court

Krishna Dileep vs Arjun Jayachandran Nair on 6 June, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                    TR.P(C) NO. 94 OF 2024
    AGAINST THE ORDER/JUDGMENT IN OP NO.1818 OF 2023 OF
               FAMILY COURT,THIRUVANANTHAPURAM


PETITIONER/RESPONDENT:

         KRISHNA DILEEP
         AGED 32 YEARS, W/O ARJUN,
         KRISHNENDU,111/303 C, ERAMATH ROAD,
         CHEMBUMUKKU, KAKKANAD,
         ERNAKULAM DISTRICT, PIN - 682030

          BY ADV B.BINDU


RESPONDENT/PETITIONER:

         ARJUN JAYACHANDRAN NAIR
         AGED 33 YEARS
         SON OF JAYACHANDRAN NAIR
         VELAYUDHAM', ARAMADA P.O.
         PUNNAKKAMUGHAL THIRUVANANTHAPURAM
         NOW RESIDING AT FLAT NO.7, 3RD FLOOR
         BUILDING NO. 18, STREET 35, BIOCK-1,
         ABUHALIFA,KUWAIT, PIN - 695032

          BY ADVS.
          RAFIQ P.M.
          RAHUL SUNIL(K/000608/2017)
          SRUTHY K.K(K/117/2015)

     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Tr.P.(C) No. 94 of 2024

                                     ..2..


                               ORDER

This transfer petition has been filed to transfer O.P.No.1818/2023

pending before the Family Court, Thiruvananthapuram to the Family

Court, Ernakulam to try along with M.C.No.111/2024 pending there.

2. I have heard the learned counsel for the petitioner as well as

the learned counsel for the respondent.

3. The petitioner is the wife and the respondent is the husband.

O.P.No.1818/2023 has been filed by the respondent for dissolution of

marriage. MC No.111/2024 has been filed by the petitioner against the

respondent for maintenance, which is pending before the Family Court,

Thiruvananthapuram. It is settled that while considering the transfer

petition involving matrimonial disputes, the convenience of the wife has

to be given predominance. It is just and proper that both cases are tried

and disposed of by the same Court.

Hence, this transfer petition is allowed. O.P.No.1818/2023 pending

before the Family Court, Thiruvananthapuram is withdrawn and

transferred to the Family Court, Ernakulam for trial and disposal.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE APA

..3..

APPENDIX OF TR.P(C) 94/2024

PETITIONER ANNEXURES

ANNEXURE A1 A COPY OF THE NOTICE ISSUED BY THE THIRUVANANTHAPURAM FAMILY COURT IN OP N.0 1818/2023 DATED 16.10.2023