Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 19TH DAY OF SEPTEMBER 2023 / 28TH BHADRA, 1945 TRANSFER THE OP 125/2023 PENDING BEFORE THE FAMILY COURT, PALAKKAD TO FAMILY COURT, PALA PETITIONERS/RESPONDENTS IN O.P: 1 THOMAS SEBASTIAN AGED 62 YEARS S/O SEBASTIAN,, RESIDING AT MANNAMPARAMBIL HOUSE, ANGELVALLY, THULAPPALLY P.O., KANJIRAPPALLAY TALUK, KOTTAYAM DISTRICT.., PIN - 686510 2 THRESSIAMMA AGED 57 YEARS W/O THOMAS SEBASTIAN, RESIDING AT MANNAMPARAMBIL HOUSE, ANGELVALLY, THULAPPALLY P.O., KANJIRAPPALLAY TALUK, KOTTAYAM DISTRICT., PIN - 686510 BY ADVS. MANUEL KACHIRAMATTAM MERRY GEORGE RESPONDENT/PETITIONER IN O.P.: AJEESH THOMAS AGED 37 YEARS S/O THOMAS, RESIDING AT ALUMKAL HOUSE, KAYARADI P.O., CHITTOOR TALUK, PALAKKAD DISTRICT ., PIN - 678510 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O R D E R
The petitioners seek that O.P.No.125/2023 before the Family Court, Palakkad, be transferred to the Family Court, Pala, since the first among them is a senior citizen; while, the 2nd is unwell and suffering from certain illnesses.
2. The petitioners say that they are
finding it extremely difficult to defend the afore original petition filed by their son-in- law - the respondent, before the Family Court, Palakkad; and therefore, that they have been constrained to approach this Court through this transfer petition. They assert that respondent has filed the afore Original Petition - seeking custody of his child and that of their daughter - arraying them as the respondents.
3. The files reveal that service on the
respondent has been completed validly, but that he has chosen not to be present in person or to be represented through counsel; inferentially guiding me to the impression that he has nothing to offer in answer to the various allegations contained in this Transfer Petition.
4. Noticing the contentions of the
petitioners as afore, this Court had called for a report from the Family Court, Palakkad, to verify if the daughter of the petitioner’s has been arrayed as a respondent in O.P.No.125/2023. The answer of the said Court is to the negative.
5. 0In the afore circumstances and since
the petitioners are admittedly residing at Kottayam and will find it difficult to defend the Original Petition before the Family Court, Palakkad, I deem it appropriate to allow this Transfer Petition, particularly because it is not opposed by the respondent. In the afore circumstances, this Transfer Petition is allowed and O.P No.125/2023 will stand transferred from the Family Court,Palakkad to the Family Court, Pala. Consequently, the Original Petition, on transfer, will be numbered appropriately and the parties notified of further proceedings as per law. Sd/- DEVAN RAMACHANDRAN JUDGE SAS APPENDIX OF TR.P(C) 148/2023
PETITIONERS’ ANNEXURES: Annexure A1 THE TRUE COPY OF THE I.A. NO. 2/2023 IN O.P. NO. 125/2023 IN THE FILES OF FAMILY COURT PALAKKKAD. Annexure A2 THE TRUE PHOTOCOPY OF THE PETITION FILED AS O.P. NO. 898/20122 BEFORE THE FAMILY COURT PALA. Annexure A3 THE TRUE COPY OF THE INTERIM ORDER DATED 1.12.2022 PASSED IN C.M.P. NO. 2627/2022 IN M.C. NO. 54/2022 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT II KANJIRAPPALLY.