Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 23RD DAY OF MARCH 2022 / 2ND CHAITHRA, 1944 TR.P(C) NO. 39 OF 2021 AGAINST THE ORDER/JUDGMENT IN OP 414/2020 OF FAMILY COURT, OTTAPPALAM PETITIONER:
LIYA MARIYA, AGED 28 YEARS, D/O.LEELAMMA ANIRUDHAN, THENGUM PALLIKKUNNEL HOUSE, KOOVAKANDAM, POOMALA P.O, THODUPUZHA, PIN-685 588. BY ADVS. SRI.K.S.BHARATHAN SRI.ABEL ANTONY SRI.CHRISTINE MATHEW RESPONDENT: JINSE AUGUSTINE, AGED 33 YEARS, S/O.PHILIP @ KUTTAPPAN, CHERUPARAMBIL HOUSE, MANNARKADU TALUK, AGALI DESOM, PALAKKAD DISTRICT. BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA SRI.H.PRAVEEN (KOTTARAKARA) SMT.T.V.NEEMA THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR HEARING ON 23.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O R D E R
In this case, the petitioner, who is the wife of the respondent, seeks transfer of O.P. No.414/2020 pending before the Family Court, Ottappalam to Family Court, Thodupuzha.
2. Heard the learned counsel for the petitioner as well as the respondent.
3. It is submitted by the learned counsel
for the petitioner that the petitioner is 95% differently abled person being deaf and dump. Her sisters are also mentally retarded persons. Therefore, nobody to look after the affairs of the petitioner and petitioner could not reach the Family Court, Ottappalam to conduct the case. Therefore, highlighting the convenience of the petitioner, transfer is sought for.
4. Whereas, the learned counsel for the
respondent would submit that the respondent also is a person having profound hearing loss and the same is certified to be 80% as per Annexure R1(a) certificate.
5. Thus, it appears that both spouses are differently abled. Then the convenience of the wife supersedes the convenience of the husband. Therefore, this transfer petition is liable to be allowed.
6. Accordingly, this Transfer Petition is allowed. O.P.No.414/2020 pending before the Family Court, Ottappalam, is transferred to the Family Court, Thodupuzha.
7. Registry is directed to forward a copy
of this order within 7 days for information and compliance to the Family Court, Ottappalam and Thodupuzha. Family Court, Ottappalam is directed to forward the case records to Family Court, Thodupuzha forthwith. Parties shall appear before the Family Court, Thodupuzha on 05.04.2022. Sd/- A.BADHARUDEEN, JUDGE. ww APPENDIX OF TR.P(C) 39/2021 PETITIONER'S ANNEXURES: ANNEXURE A1 TRUE COPY OF THE LAWYER NOTICE DATED 7.7.2020 ISSUED BY THE RESPONDENT. ANNEXURE A2 TRUE COPY OF THE REPLY LAWYER NOTICE DATED 24.7.2020. ANNEXURE A3 TRUE COPY OF THE ORIGINAL PETITION NO 414 OF 2020 DATED 19.8.2020, ON THE FILES OF HON'BLE DISTRICT COURT, OTTAPALAM. ANNEXURE A4 TRUE COPY OF THE INTERLOCUTORY
APPLICATION DATED 19.8.2020 IN OP NO. 414 OF 2020, ON THE FILES OF THE HON'BLE FAMILY COURT, OTTAPALAM. ANNEXURE A5 TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED FROM THE DISTRICT HOSPITAL, THODUPZUHA DATED 15.3.2018. ANNEXURE A6 TRUE COPY OF THE DISABILITY CERTIFICATE DATED 15.3.2018 ISSUED FROM THE DISTRICT HOSPITAL, THODUPUZHA TO MRS.LIGI T.A (ELDER SISTER OF THE PETITIONER). ANNEXURE A7 TRUE COPY OF THE DISABILITY CERTIFICATE DATED 15.3.2018 ISSUED FROM THE DISTRICT HOSPITAL, THODUPUZHA TO MR.LINU T.A (ELDER BROTHER OF THE PETITIONER). RESPONDENT'S ANNEXURES: ANNEXURE R1(A) TRUE COPY OF THE CERTIFICATE FOR PERSONS WITH DISABILITY ISSUED BY THE GOVERNMENT OF KERALA, DEPARTMENT OF HEALTH SERVICES DATED 24.04.2013. ANNEXURE R1(B) TRUE COPY OF THE CERTIFICATE ISSUED BY THE KCBC COMMISSION FOR FAMILY.