Vinod Anand vs Jyothi Seetharaman on 19 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 125 of 2009()


1. VINOD ANAND,AGED 31,S/O.LATE ANAND
                      ...  Petitioner

                        Vs



1. JYOTHI SEETHARAMAN,AGED 27,
                       ...       Respondent

                For Petitioner  :SRI.P.S.SREEDHARAN PILLAI

                For Respondent  :SRI.M.P.MADHAVANKUTTY

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :19/10/2009

 O R D E R
            S.S.SATHEESACHANDRAN, J.
          -----------------------------
             Tr.P.(C).No.125 OF 2009
           --------------------------
     Dated this the 19th day of October 2009
     -------------------------------------

                     JUDGMENT

Petition for transfer filed under

Section 24 of the Code of Civil Procedure.

Petitioner is the husband, and respondent the wife.

Husband seeks transfer of the petition filed by the

wife as O.P 1279 of 2008 on the file of the Family

Court, Alappuzha. The above petition has been

filed by the wife for return of valuables and gold

ornaments. Husband has filed another petition as

O.P No.1269/2008 for dissolution of marriage and

that is pending before the Family Court, Ernakulam

is canvassed for the transfer requested for.

2. I heard the counsel on both sides.

From the submissions made, it is seen that the wife

is now in U.S A and the husband employed at Pune.

In the petition filed by the husband, it is

submitted, an exparte decree of divorce has already

Tr.P.(C).No.125 OF 2009 Page numbers

been granted by the Family Court, Ernakulam. The

Family Court, Alappuzha, where the wife has filed

petition lacks jurisdiction to entertain such

petition is one among the objections canvassed by

the husband to sustain his request for transfer to

the Family Court, Ernakulam, within whose

jurisdiction, according to him, the marriage took

place and the spouses last resided together.

Whatever that be, if the husband has any objection

to the jurisdiction, it can be canvassed before the

Family Court, Alappuzha as provided by law. Wife

is now in U.S A and her aged father is prosecuting

the case on her behalf in her absence is the

submission of the learned counsel for the wife.

Taking note of that circumstances and also that the

O.P filed by the husband has already been disposed

of by granting a decree of divorce, at this stage,

there is no need for transfer of the petition.

Petition is closed.

Sd/-

                                   S.S.SATHEESACHANDRAN,
                                           JUDGE
                //TRUE COPY//

vdv                                    P.A TO JUDGE