Sibi Thomas vs Viji Babu @ Viji Sibi Thomas

Type Court Judgment Court Kerala Decided May 25, 2023

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https://sooperkanoon.com/case/1404708

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Citation: sooperkanoon.com/1404708
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: May 25, 2023
Case Number: Tr.P(C)/769/2022

Parties & Advocates

Appellant / Petitioner

Sibi Thomas

Respondent

Viji Babu @ Viji Sibi Thomas

Excerpt

.....the court on the same day passed the following: tr.p(c) nos.763 & 769 of 2022 3orderthese are the two petitions submitted by the husband pertaining to the cases pending before the family court, kollam as well as the family court, mavelikara. both the husband and wife are employed abroad and as such the cases were conducted through the respective power of attorney holders. no other special reason was brought to the notice of this court in order to have a transfer of cases. in fact, both the parties are standing on the same footing as they are employed abroad and conducting the cases through respective power of attorney holders. petitions lacks merit and deserves only dismissal and i do so. hence, both the transfer petitions are dismissed. sd/- p.somarajan judge dmr/- tr.p(c) nos.763 & 769 of 2022 4 appendix of tr.p(c) 763/2022 petitioner's annexures annexure a1 the true copy of the o.p no.1827/2021 on the files of family court, kollam seeking dissolution of marriage filed by the respondent-wife annexure a2 the true copy of the o.p(g&w) no.80/2022 on thefiles of family court, mavelikara seeking to declare the respondent herein as the legal and natural guardian of the minor and for permanent custody// true copy // p.a. to judge tr.p(c) nos.763 & 769 of 2022 5 appendix of tr.p(c) 769/2022 petitioners' annexures annexure a1 the true copy of the o.p no.1669/2021 on the files of family court, kollam seeking return money and gold filed by the 1st respondent-wife annexure a2 the true copy of the o.p(g&w) no.80/2022 on thefiles of family court, mavelikara seeking to declare the 1st respondent herein as the legal and natural guardian of the minor and for permanent custody // true copy // p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 25th DAY OF MAY 2023 / 4TH JYAISHTA, 1945 TR.P(C) NO. 763 OF 2022 IN OP 1827/2021 OF FAMILY COURT, KOLLAM PETITIONER/RESPONDENT: SIBI THOMAS, AGED 34 YEARS, S/o JOHN THOMAS, KEEPPALLIL HOUSE, KUDASSANADU. P.O., ALAPPUZHA, REPRESENTED BY HIS P.A HOLDER JOHN THOMAS, AGED 67 YEARS, S/o THOMAS, KEEPPALLIL HOUSE, KUDASAANADU P.O, ALAPPUZHA DISTRICT - 689 512 BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON DHANALAKSHMI V.K. RESPONDENT/PETITIONER: VIJI BABU @ VIJI SIBI THOMAS, AGED 33 YEARS, D/o SAMUEL BABU, THENGUVILAYIL VIJAY BHAVAN, MYLAMKULAM, PUTHOOR P.O, KOTTARAKKARA, KOLLAM & NOW ESI ROAD, ASRAMAM, KOLLAM REPRESENTED BY P.A HOLDER SAMUEL BABU, AGED 68 YEARS, S/o LATE N. SAMUEL, ESI ROAD, ASRAMAM, KOLLAM - 691002

BY ADVS. PREMJITH MENON S K SONIYA.M BINU V V VEETTIL VALAPPIL MANEKSHA D. P.J.STEPHEN THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR HEARING ON 25.05.2023 ALONG WITH TR.P(C) 769/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C) Nos.763 & 769 of 2022 2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 25th DAY OF MAY 2023 / 4TH JYAISHTA, 1945 TR.P(C) NO. 769 OF 2022 OP 1669/2021 OF FAMILY COURT, KOLLAM PETITIONERS/RESPONDENTS 1 & 2: 1 SIBI THOMAS, AGED 34 YEARS, S/o JOHN THOMAS, KEEPPALLIL HOUSE, KUDASSANADU. P.O., ALAPPUZHA, REPRESENTED BY HIS P.A HOLDER JOHN THOMAS, AGED 67 YEARS, S/o THOMAS, KEEPPALLIL HOUSE, KUDASAANADU P.O, ALAPPUZHA DISTRICT - 689512 2 JOHN THOMAS, AGED 67 YEARS, S/o THOMAS, KEEPPALLIL HOUSE, KUDASAANADU P.O, ALAPPUZHA DISTRICT - 689512 BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON DHANALAKSHMI V.K. RESPONDENTS/PETITIONER & RESPONDENT No.3: 1 VIJI BABU @ VIJI SIBI THOMAS, AGED 33 YEARS, D/o SAMUEL BABU, THENGUVILAYIL VIJAY BHAVAN, MYLAMKULAM, PUTHOOR P.O, KOTTARAKKARA, KOLLAM & NOW ESI ROAD, ASRAMAM, KOLLAM, REPRESENTED BY POWER OF ATTORNEY HOLDER SAMUEL BABU, AGED 68 YEARS, S/o LATE N. SAMUEL, ESI ROAD, ASRAMAM, KOLLAM - 691002 2 SHERIN THOMAS, AGED 31 YEARS, S/o JOHN THOMAS, KEEPPALLIL HOUSE, KUDASAANADU P.O, ALAPPUZHA DISTRICT - 689512 BY ADVS. PREMJITH MENON S K SONIYA.M BINU V V VEETTIL VALAPPIL P.J.STEPHEN MANEKSHA D. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR HEARING ON 25.05.2023 ALONG WITH TR.P(c) 763/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C) Nos.763 & 769 of 2022 3

ORDER

These are the two petitions submitted by the husband pertaining to the cases pending before the Family Court, Kollam as well as the Family Court, Mavelikara. Both the husband and wife are employed abroad and as such the cases were conducted through the respective power of attorney holders. No other special reason was brought to the notice of this court in order to have a transfer of cases. In fact, both the parties are standing on the same footing as they are employed abroad and conducting the cases through respective power of attorney holders. Petitions lacks merit and deserves only dismissal and I do so. Hence, both the transfer petitions are dismissed. Sd/- P.SOMARAJAN JUDGE DMR/- Tr.P(C) Nos.763 & 769 of 2022 4 APPENDIX OF TR.P(C) 763/2022 PETITIONER'S ANNEXURES Annexure A1 THE TRUE COPY OF THE O.P NO.1827/2021 ON THE FILES OF FAMILY COURT, KOLLAM SEEKING DISSOLUTION OF MARRIAGE FILED BY THE RESPONDENT-WIFE Annexure A2 THE TRUE COPY OF THE O.P(G&W) NO.80/2022 ON THE

FILES OF FAMILY COURT, MAVELIKARA SEEKING TO DECLARE THE RESPONDENT HEREIN AS THE LEGAL AND NATURAL GUARDIAN OF THE MINOR AND FOR PERMANENT CUSTODY

// TRUE COPY // P.A. TO JUDGE Tr.P(C) Nos.763 & 769 of 2022 5 APPENDIX OF TR.P(C) 769/2022 PETITIONERS' ANNEXURES Annexure A1 THE TRUE COPY OF THE O.P NO.1669/2021 ON THE FILES OF FAMILY COURT, KOLLAM SEEKING RETURN MONEY AND GOLD FILED BY THE 1ST RESPONDENT-WIFE Annexure A2 THE TRUE COPY OF THE O.P(G&W) NO.80/2022 ON THE

FILES OF FAMILY COURT, MAVELIKARA SEEKING TO DECLARE THE 1ST RESPONDENT HEREIN AS THE LEGAL AND NATURAL GUARDIAN OF THE MINOR AND FOR PERMANENT CUSTODY // TRUE COPY // P.A. TO JUDGE

Same Court & Year Kerala · 2023 Same Parties Sibi Thomas vs Viji Babu @ Viji Sibi Thomas Same Judge Honourable Mr. Justice P.Somarajan