Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 4TH DAY OF JULY 2013 13TH ASHADHA, 1935 Tr.P(C).No. 228 of 2013 () --------------------------- OP.NO. 446/2012 OF FAMILY COURT, IRINJALAKUDA ------------------------- PETITIONER: ------------------------ JULIE, AGED 3 YEARS, D/O.PAZHAYIDATHUPARAMBIL MADANI JOSEPH, KARUVANNOOR DESOM, PORATHASSERY VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ----------------------------- 1. BAIJU, AGED 4 YEARS, S/O.CHELAKATUPARAMBIL JOSEPH, KALLOOR VILLAGE, MARATHAKARA DESOM, THRISSUR TALUK-68”
2. AMMINI, W/O. CHELAKATUPARAMBIL JOSEPH, KALLOOR VILLAGE, MARATHAKARA DESOM, THRISSUR TALUK-680 001 R2 BY ADV. SRI.DILIP J.
AKKARA THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts Tr.P(C).No. 228 of 2013 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE O.P.NO.446 OF 201.FILED BEFORE THE FAMILY COURT, IRINJALAKUDA DATED 18 7/2008. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J -------------------------------------- Tr.P(C) No.228 of 2013 ------------------------------------------- Dated this the 4th day of July, 2013 ORDER This petition is filed by the petitioner to transfer O.P.No.446 of 2012 from the Family Court, Irinjalakuda to the Family Court, Thrissur. The first respondent in the original petition who is the husband remained ex parte in the main proceedings. The petitioner contends that the original petition was originally filed before the Family Court, Thrissur as O.P.No.993 of 2008 and thereafter it was made over to the Family Court, Irinjalakuda. The request for transfer to Family Court, Thrissur is strongly opposed by the second respondent, who is the mother-in- law of the petitioner. She is aged 75 years.
2. The petitioner has filed counter affidavit stating that the first respondent, her husband was set ex parte on 24.06.2011 and thereafter, it was posted for recording the Tr.P(C) No.228 of 2013 :
2. : evidence from 18.05.2011 onwards. Thereafter, the case was adjourned more than 20 times. At last, the petitioner filed affidavit in lieu of chief examination and the case was posted for cross-examination on 20.02.2013. Since the petitioner requested for adjournment, the case was adjourned for cross-examination. Lastly, on 10.05.2013, the cross-examination had to be adjourned to 02.06.2013 stating that the petitioner was unwell.
3. It is submitted by the learned counsel for the second respondent that in fact this original petition is filed by the petitioner in collusion with her husband, the first respondent in order to get the property belonging to the second respondent(mother-in-law) and it was for that purpose, the petitioner is causing maximum harassment to the second respondent who is aged 75 years. Further, it is pointed out that the petitioner is staying just about 750 metres away from the Family Court at Irinjalakuda, but the second respondent is residing several kilometres Tr.P(C) No.228 of 2013 :
3. : away from the Family Court, Thrissur. But still to see that the case is disposed of, she used to regularly appear in court. It could be seen that the petitioner is adopting devious tactics only to cause undue hardship to the second respondent. There is absolutely no merit in this petition. Hence it is dismissed. Sd/- N.K.BALAKRISHNAN, JUDGE ln