Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 29TH DAY OF JULY 2021 / 7TH SRAVANA, 1943 TR.P(C) NO. 99 OF 2020 OP 586/2016 OF FAMILY COURT, CHAVARA, KOLLAM PETITIONER/S: SANDYA PRASAD AGED 28 YEARS D/O.KRISHNAPRASAD, KSEB STAFF QUARTERS, NO.F1, 110KV SUB STATION, CHAVARA CHERRY, CHAVARA VILLAGE, KOLLAM DISTRICT, NOW RESIDING AT KALLUKADAKKAL VEEDU, THEVALLY.P.O, KOLLAM DISTRICT BY ADVS. BINU GEORGE SMT.HEMALATHA RESPONDENT/S:
1 ASHOK KUMAR.B AGED 37 YEARS S/O.BHASKARA PILLAI, MANI MANDIRAM, ADHINAD THEKKU CHERRY, KATTILKADAVU.P.O., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690542 2 BHASKARA PILLAI AGED 75 YEARS MANI MANDIRAM, ADHINAD THEKKU CERRY, KATTILKADAVU.P.O, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690542 3 RADHAMANI AMMA AGED 68 YEARS MANI MANDIRAM, ADHINAD THEKKU CERRY, KATTILKADAVU.P.O, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690542 BY ADV SRI.A.AHZAR
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2021 ALONG WITH TR.P(C) No.172/2021, THE COURT ON 29.07.2021 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 29TH DAY OF JULY 2021 / 7TH SRAVANA, 1943 TR.P(C) NO. 172 OF 2021 MC 129/2017 OF FAMILY COURT, CHAVARA, KOLLAM PETITIONER/S: SANDYA PRASAD AGED 29 YEARS D/O. KRISHNAPRASAD, KSEB STAFF QUARTERS, NO.F1, 110 KV SUB STATION, CHAVARA CHERRY, CHAVARA VILLAGE, KOLLAM DISTRICT, NOW RESIDING AT KALLUKADAKKAL VEEDU, THEVALLY P.O., KOLLAM DISTRICT. BY ADVS. BINU GEORGE SMT.HEMALATHA RESPONDENT/S: ASHOK KUMAR B. AGED 37 YEARS S/O. BHASKARA PILLAI, MANI MANDIRAM, ADHINAD THEKKU CERRY, KATTILKADAVU P.O., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690542. BY ADV SRI.A.AHZAR THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2021 ALONG WITH TR.P(C) No.99/2020, THE COURT ON 29.07.2021 DELIVERED THE FOLLOWING:
ORDER
Dated this the 29th day of July, 2021 The spouses are at loggerheads and the petitioner wife has resorted to legal remedies by filing O.P.No.586 of 2016 and M.C.No.129 of 2017 before the Family Court, Chavara for return of gold ornaments and maintenance, respectively. The proceedings were initiated before the Family Court, Chavara, since the marriage was conducted and the petitioner is residing within the limits of that court. The prayer in this petition is to transfer the original petition and the maintenance case filed by the petitioner from the Family Court, Chavara to the Family Court, Kollam. The reason for transfer is stated to be the shifting of the petitioner's residence to Thevally in Kollam District.
2. The respondents have filed counter affidavit pointing out that the marriage between the parties stands dissolved by Annexure R1
judgment in O.P.(HMA) No.106 of 2017 of the Family
Court, Chavara. It is alleged that after dissolution of the marriage, the petitioner got remarried and is now residing at Alappuzha. The respondents have denied the claim that the petitioner is now residing at Thevally in Kollam. According to the respondents, the request for transfer is made with the sole intention of harassing them. The aged parents of the husband are unnecessarily arrayed as parties in the original petition filed by the petitioner and she has sought to implead the brothers of the husband by filing Annexure R3 petition.
4. Indisputably, the original petition and
the maintenance case are pending before the jurisdictional court, viz; the Family Court, Chavara. The divorce proceedings, which culminated in Annexure R1 judgment was rendered by the Family Court, Chavara. The only ground for transfer is the alleged shifting of residence of the petitioner, that too for attending a coaching class. It is settled law that convenience of the parties will not confer jurisdiction on a court and convenience, by itself, is not a valid ground for transfer. In the result, the transfer petitions are dismissed. Sd/- V.G.ARUN JUDGE Scl/ APPENDIX OF TR.P(C) 99/2020 ANNEXURE A1: TRUE COPY OF OP No.586/2016 OF FAMILY COURT, CHAVARA. RESPONDENTS EXHIBITS ANNEXURE R1 TRUE COPY OF THE JUDGMENT IN OP(HMA) NO.106/2017 OF THE FAMILY COURT, CHAVARA. ANNEXURE R2 TRUE COPY OF THE POWER OF ATTORNEY ANNEXURE R3 TRUE COPY OF THE IMPLEADING PETITION. APPENDIX OF TR.P(C) 172/2021 PETITIONER ANNEXURE ANNEXURE A1 A TRUE COPY OF PETITION IN MC NO.129/2017 OF FAMILY COURT, CHAVARA.