IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN THURSDAY, THE5H DAY OF DECEMBER201314TH AGRAHAYANA, 1935 Tr.P(C).No. 89 of 2013 () -------------------------- AGAINST THE ORDER
/JUDGMENT
IN OP18092012 of FAMILY COURT,ERNAKULAM PETITIONER(S): -------------------------- SUNAINA S., AGED28YEARS D/O.FATHIMA, SUNAINA MANZIL, RUBY NAGAR CHALA, THIRUVANANTHAPURAM. BY ADVS.SMT.M.A.ZOHRA SRI.B.SATHIQ RESPONDENT(S): ---------------------------- MANSOOR ALI, AGED33YEARS S/O.B.A MAMMI, CHAKKAPARAMBU DESOM, POONTHURA VILLAGE KANAYANNOOR TALUK, ERNAKULAM NOW RESIDING AT FLAT NO.204, AKARIA ARCADE CHITTOOR ROAD, AYYAPPANKAVU, ERNAKULAM - 682 018. R1 BY ADV. SRI.V.S.RAJAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0512- 2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No.89 of 2013 APPENDIX PETITIONERS ANNEXURE: ANNEXURE-1: COPY OF THE MEDICAL CERTIFICATE DATED278.2011. ANNEXURE-2: COLOUR PHOTOGRAPH SHOWING THE PHYSICAL INJURIES ON THE BODY OF THE PETITIONER INFLICTED BY THE RESPONDENT. ANNEXURE-3: COPY OF THE TRUE PHOTOCOPY OF FIR NO.1805/2011. ANNEXURE-4: COPY OF OP NO.1974/2012 BEFORE THE HONOURABLE FAMILY COURT, THIRUVANANTHAPURAM. ANNEXURE-5: PHOTO COPY OF OP NO.1809/2012 ON THE FILE OF FAMILY COURT, ERNAKULAM. ANNEXURE-6: PHOTO COPY OF ORDER
IN IA NO.1809/2012 IN OP NO.1809/2012 OF FAMILY COURT, ERNAKULAM. ANNEXURE-7: PHOTO COPY OF MCNO.9/2013 ON THE FILE OF FIRST CLASS MAGISTRATE COURT-II, THIRUVANANTHAPURAM. RESPONDENT'S ANNEXURES: NIL TRUE COPY P.A. TO JUDGE VPV P.N.RAVINDRAN, J.
=-=-=-=-=-=-=-=-=-=-=-=-= Tr.P.(C)No.89 of 2013 =-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 5th day of December, 2013 ORDER
The petitioner is the wife of the respondent. The marriage between them was solemnized on 27.11.2005. In that marriage two children, now aged five years and 3= years respectively were born. Later they fell out and they are now residing separately. The petitioner has filed O.P.No.1974 of 2012 before the Family Court, Thiruvananthapuram for restitution of conjugal rights. The respondent on the other hand has filed O.P.No.1809 of 2012 before the Family Court, Ernakulam seeking custody of the minor children. The petitioner has also filed M.C.No.9 of 2013 on the file of the Court of the Judicial Magistrate of First Class - II, Thiruvananthapuram under the Protection of Women from Domestic Violence Act, 2005. In this transfer petition, the petitioner prays for transfer of O.P.No.1809 of 2012 from Family Court, Ernakulam to Family Court, Thiruvananthapuram.
2. The petitioner has averred that she was tortured by the respondent, that she was thereupon brought to Thiruvananthapuram by her mother on 20.8.2011 and admitted in Tr.P.(C)No.89 of 2013 2 PRS Hospital, Killippalam, Thiruvananthapuram, that as a result of the torture she suffered cervical spinal injuries and is still undergoing treatment in PRS Hospital, Thiruvananthapuram, that though an interim order granting custody was passed by the Family Court, Ernakulam in O.P.No.1809 of 2012 realising the petitioner's inability to travel, she was permitted to produce the children before the counsellor attached to Family Court, Thiruvananthapuram, that on account of the injuries she is not in a position to travel to Family Court, Ernakulam and therefore O.P.No.1809 of 2012 pending in Family Court, Ernakulam may be transferred to Family Court, Thiruvananthapuram.
3. Though the respondent has been served he has not so far filed objections. When the transfer petition came up for hearing today, learned counsel appearing for the respondent was not present. There was also no representation on his behalf. Yesterday also the learned counsel appearing for the respondent was not present. In such circumstances, accepting the uncontroverted averments in the petition for transfer, I allow the transfer petition and transfer O.P.No.1809 of 2012 presently pending in Family Court, Ernakulam to Family Court, Thiruvananthapuram for trial and disposal. The petitioner shall appear initially through counsel before Tr.P.(C)No.89 of 2013 3 the Family Court, Thiruvananthapuram on 01.01.2014. The Family Court, Thiruvananthapuram shall issue notice to the respondent before proceeding with the case. Sd/- P.N.RAVINDRAN JUDGE vpv