Kerala High Court
Sholy George vs Sholy George on 8 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
Tr.P(C).No.207 OF 2021
AGAINST THE ORDER IN O.P.(G&W) NO.391/2021 OF FAMILY COURT,
TRIVANDRUM
PETITIONER/ RESPONDENT :
SHOLY GEORGE,
AGED 42 YEARS,
D/O GEORGE, POLLAYIL HOUSE,
KANGAZHA.P.O, CHANGANASSERY,
KOTTAYAM DISTRICT, PIN - 686 011.
BY ADVS.
SRI.JOSEPH GEORGE
SRI.P.A.REJIMON
RESPONDENT/ PETITIONER :
ASHWIN MATHEW,
AGED 45 YEARS, S/O KANDATHIL PAUL MATHEW,
1103 ARIAN, RAHEJA ACROPOLIS II,
OFF SION-TROMBAY ROAD,
DEONAR PADA ROAD, CHEMBUR.P.O, MUMBAI,
MAHARASHTRA STATE, PIN - 400 088.
BY ADVS. SRI.JENNIS MATHEW FOR ADV.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SMT.VEENA RAVEENDRAN
SRI.ANIL SEBASTIAN PULICKEL
SMT.DIVYA SARA GEORGE
SMT.JAISY ELZA JOE
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING :
Tr.P(C).No.207 OF 2021
2
JUDGMENT
Dated this the 8th day of April 2021
This transfer petition seeks for a transfer of O.P.(G&W)
No.391/2021 pending before the Family Court, Thiruvananthapuram to
the Family Court, Thiruvalla wherein O.P.No.129/2021 is pending
consideration. O.P.No.191/2021 as well as O.P.(G&W) No.391/2021
were both filed by the respondent herein before the respective Family
Courts.
2. The learned counsel for the respondent submits that the
respondent has no objection in allowing this transfer petition.
However, it was submitted that the pending application for interim
custody ought to be directed to be considered at the earliest.
3. Since this Court is not in seisin of the application for
interim custody, it is not proper for this Court to direct the Family
Court to consider the said application in a time bound manner.
However as the respondent agreed for transferring the above case,
without much dispute, an indulgence of a limited nature can be shown.
If the request mentioned above is repeated before the Family Court at
Thiruvalla, the said court can consider the said request based on its
workload.
Tr.P(C).No.207 OF 2021
Accordingly, I direct O.P.(G&W) No.391/2021 pending
before the Family Court, Thiruvananthapuram to be transferred to the
Family Court at Thiruvalla. The Family Court, Thiruvananthapuram is
directed to take immediate steps to transfer the files in O.P.(G&W)
No.391/2021 to the Family Court, Thiruvalla. The parties shall appear
before the Family Court, Thiruvalla on 04.05.2021.
If the request referred earlier is repeated before the Family
Court, Thiruvalla, the same shall be considered based on the
observation made above.
The Transfer Petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
Tr.P(C).No.207 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 TRUE PHOTOCOPY OF PETITION IN
O.P(G&W).NO.391/2021 ON THE FILE OF HON'BLE
FAMILY COURT, THIRUVANANTHAPURAM.
ANNEXURE A2 TRUE PHOTOCOPY OF PETITION IN O.P.
(DIV).NO.129/2021 ON THE FILE OF HON'BLE
FAMILY COURT, THIRUVALLA.
