IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN TUESDAY, THE 30TH DAY OF JULY 2013 8TH SRAVANA, 1935 Tr.P(C).No. 140 of 2013 () --------------------------- OP NO.1224/2012 OF THE FAMILY COURT, NADUMANGADU PETITIONER(S): -------------- SWAPNA J.
NAIR, D/O.S.JARARDHANAN NAIR PRESENTLY RESIDING AT TC.16/1599, MULLASSERY HOUSE KOCHAR ROAD, JAGATHY, THIRUVANANTHAPURAM FROM TC.33/1599, JAVA NIVAS, KURUVIKKADU VATTIYOORKKAVU P.O., THIRUVANANTHAPURAM ”
013. BY ADVS.SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.MANU V. RESPONDENT(S): -------------- V.KRISHNAKUMAR S/O P.K.VELAYUDHAN NAIR, 'SADGAMAYA', HOUSE NO.88 HARITHA NAGAR, VAYALIKKADA, VATTIYOORKKAVU P.O. THIRUVANANTHAPURAM ”
013. BY ADV. SRI.SHAJIN S.HAMEED THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 140 of 2013 () --------------------------- APPENDIX PETITIONER'(S) ANNEXURES: ANNEX.A COPY OF OP NO.575/2012 FILED BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM, WHICH WAS TRANSFERRED AND RENUMBERED BEFORE THE FAMILY COURT, NEDUMANGAD AS OP NO.1224/2012. ANNEX.B COPY OF THE OBJECTION FILED BY THE PETITIONER TO ANNEXURE A RESPONDENT'(S) ANNEXURES: NIL //TRUE COPY// PA TO JUDGE BKA P.N.RAVINDRAN, J.
--------------------------- Tr.P.(C)No.140 of 2013 ------------------------------- Dated this the 30th day of July, 2013 ORDER The petitioner is the wife of the respondent. The marriage between them was solemnized at Thiruvananthapuram on 31.10.2009. A child was also born in that wedlock. Later disputes and differences arose and they started residing separately. The respondent thereupon filed O.P.No.575 of 2012 before the Family Court, Thiruvananthapuram under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. When a Family Court was established at Nedumangad, the said case was transferred to Family Court, Nedumangad where it was taken on file and numbered as O.P.No.1224 of 2012. In this transfer petition, the petitioner prays for transfer of O.P.No.1224 of 2012 from Family Court, Nedumangad to Family Court, Thiruvananthapuram.
2. The petitioner has averred that though initially both the parties were residing at Vattiyoorkkavu, later, on account of the illness of their child, who is now aged two years, she shifted residence to Jagathy in Thiruvananthapuram, that the case, originally filed in Family Court, Thiruvananthapuram, was transferred to Family Court, Nedumangad without notice to both parties, that she has filed M.C.No.318 of 2012 in the Court of the Tr.P.(C)No.140 o”
2. Chief Judicial Magistrate of Thiruvananthapuram under the Protection of Women from Domestic Violence Act, 2005 and therefore, as no prejudice or inconvenience will be caused to the respondent who had instituted the case in the Family Court, Thiruvananthapuram itself, the case now pending before Family Court, Nedumangad may be transferred to Family Court, Thiruvananthapuram.
3. Though the respondent has entered appearance through counsel, he has not so far filed objections. However during the course of arguments today, Sri.Shajin S.Hameed, learned counsel appearing for the respondent opposed the application and contended that Family Court, Nedumangad is nearer to Vattiyoorkkavu than Family Court, Thiruvananthapuram and therefore, there is no reason to transfer the case from Family Court, Nedumangad to Family Court, Thiruvananthapuram.
4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. The marriage between the parties was solemnized at Thiruvananthapuram. The case was originally instituted in Family Court, Thiruvananthapuram. It is also not in dispute that at that point of time both the parties were residing at Vattiyoorkkavu which is even now within the local limits of the territorial jurisdiction of Family Court, Thiruvananthapuram. Tr.P.(C)No.140 o”
3. After a Family Court was established at Nedumangad, the case was transferred to Family Court, Nedumangad on administrative grounds. Neither of the parties had applied for a transfer. It is also not in dispute that the petitioner is presently residing at Jagathy in Thiruvananthapuram which is nearer to Family Court, Thiruvananthapuram than Family Court, Nedumangad. Such being the situation, as the case was validly instituted in Family Court, Thiruvananthapuram, I am of the opinion that the respondent plead inconvenience and oppose the transfer to Thiruvananthapuram. I accordingly overrule the objection raised by the respondent, allow the transfer petition and transfer O.P.No.1224 of 2012 presently pending before Family Court, Nedumangad to Family Court, Thiruvananthapuram for trial and disposal. The parties shall appear before the Family Court, Thiruvananthapuram through counsel on 19.8.2013. Sd/- P.N.RAVINDRAN JUDGE /true copy/ P.A. To Judge vpv