IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
Tr.P(C).No.258 OF 2018
AGAINST THE ORDER IN O.P.NO.419/2017 OF FAMILY COURT,KOLLAM
PETITIONERS:
1 BINU CHACKO,
AGED 42 YEARS,
S/O LATE. M.V CHACKO,
MAMBAYAMANNIL HOUSE, 1769,
JANATHA ROAD,THYKOODAM,
VYTTILLA, ERNAKULAM-682019.
2 GRACY CHACKO,
AGED 70 YEARS,
W/O LATE. M.V CHACKO,
MAMBAYAMANNIL HOUSE, 1769, JANATHA
ROAD,THYKOODAM,
VYTTILLA, ERNAKULAM-682019.
3 BINOY CHACKO,
AGED 40 YEARS,
S/O LATE. M.V CHACKO,
MAMBAYAMANNIL HOUSE, 1769,
JANATHA ROAD,THYKOODAM,
VYTTILLA, ERNAKULAM-682019.
BY ADVS.SRI.JOBY JACOB PULICKEKUDY
SRI.ANIL GEORGE
SRI.T.ANCY
SRI.DINIC J.COYCARA
SMT.N.B.FATHIMA SULFATH
SMT.NIVYA VALSAN
SRI.K.S.SUMEESH
RESPONDENT:
ASHA THAMBI,
AGED 32 YEARS,
D/O K.A THAMBI, RESIDING AT NO.10,
SARA VILLA, V.P LAYOUT,
Tr.P.(C)No.258/2018
-:2:-
THINDLU, VIDYARANIPURAM,
BANGALORE-560097.
BY ADVS. SRI.PRATHEESH.P
SRI.RENY ANTO
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 08.01.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Tr.P.(C)No.258/2018
-:3:-
Dated this the 8th day of January,2021
O R D E R
Petitioners are the respondents in O.P. No.419/2017, now pending before Family Court, Kollam, in which the respondent herein is the petitioner, wife.
2. The original petition was filed by wife before Family Court, seeking recovery of money from husband and others.
3. The ground taken in support of transfer is that the marriage between spouses took place in Ernakulam and further, the spouses lastly resided together also in Ernakulam and the respondent has no interests in Kollam, except that her relatives are residing there.
4. In the counter submitted by the respondent, it is admitted that she is permanently settled in Bangalore and she has chosen to invoke the jurisdiction of Family Court since her relatives are residing there.
5. I find from Annexure-A order passed by this Court on 29.03.2017 in Tr.P.(C)No.33/2017 filed by the first petitioner that on a previous Tr.P.(C)No.258/2018 -:4:- occasion also, this Court accepted the plea of the first petitioner for transfer of an earlier original petition filed by wife before Family Court, Kollam, for divorce.
6. In the counter, the contention that is taken opposing the present transfer is that she has challenged Annexure-A order before a Division Bench of this Court and it was pending. At the time of arguments, the learned counsel for the petitioners handed over the order in Transfer Appeal(C) No.5/2017 dated 29.03.2017 by which this Court confirmed Annexure-A order. That means, the respondent herein can no longer take a contention that she is justified in prosecuting the pending proceedings before Family Court, Kollam.
7. Moreover, it seems to be an undisputed fact that there are two other connected family matters between the parties which are presently being prosecuted before Family Court, Ernakulam. Taking all these aspects together, I consider the plea raised by the petitioners merits acceptance.
In the result, transfer petition is allowed withdrawing O.P.No.419/2017 from the file of Family Court, Kollam and it is made over to the Tr.P.(C)No.258/2018 -:5:- Family Court, Ernakulam. The Family Court, Kollam will send up all the records immediately to Family Court, Ernakulam and transferee court shall issue notice to parties directing their appearance at an early date.
All pending interlocutory applications will stand closed.
Sd/-
T.V.ANILKUMAR,JUDGE
DST //True copy/
P.A.To Judge
Tr.P.(C)No.258/2018
-:6:-
APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE A TRUE PHOTOCOPY OF THE JUDGMENT DATED
29.03.2017 IN TR.P.C. NO. 33/2017 ANNEXURE B TRUE PHOTOCOPY NOTICE DATED 24.03.2018 IN O.P. NO. 419/2017 FILED BY THE RESPONDENT.
ANNEXURE C TRUE PHOTOCOPY OF O.P. NO. 419/2017 ON THE FILES OF THE FAMILY COURT, KOLLAM. RESPONDENT'S EXHIBITS: NIL