High CourtsSingle Bench

Sujitha P.S vs Santhoshkumar G

High Court Of Kerala · Decided on 19 January 2021 · Citation: (2021) 01 KL CK 0432

HON’BLE JUDGES
Sathish Ninan, J
RESULT
Allowed
CASE NUMBER
Transfer Petition (C) No. 426 Of 2020
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

13 paragraphs · 229 words
1.

The petitioner-wife seeks for transfer of OP (HMA) 279/2020 pending on the files of the Family Court, Kottarakkara, to the Family Court at

Irinjalakkuda.

2.

The respondent-husband enters appearance and opposes the prayer. A counter affidavit has been filed by him controverting the averments in the

transfer petition.

3.

OP(HMA) 279/2020 is filed by the respondent-husband before the Family Court, Kottarakkara, Kollam, seeking dissolution of marriage. The

petitioner is residing within the jurisdiction of Family Court, Irinjalakkuda. There is a child born in the wedlock who is presently a minor and is with the

petitioner-wife. It is stated that there is no one to accompany the petitioner all the way up to the Family Court at Kottarakkara than her aged mother.

In the circumstances, I am of the opinion that the transfer as sought for can be granted.

4.

However, taking note of the averments in the counter affidavit wherein it has been stated that the mother of the respondent who is aged 82 years is

suffering from Cancer and is under treatment at the Regional Cancer Centre, Thiruvananthapuram, the personal presence of the respondent-husband

shall be insisted by the court only on the necessary posting dates.

In the result, this transfer petition is allowed. OP (HMA) 279/2020 pending on the files of the Family Court, Kottarakkara, will stand withdrawn and

transferred to the Family Court at Irinjalakkuda.