Against The Order/Judgment In Op ... vs By Adv. Shri.Sachin Ramesh
2021 Latest Caselaw 1266 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

     WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                         Tr.P(C).No.264 OF 2019

AGAINST THE ORDER/JUDGMENT IN OP 1135/2018 OF FAMILY COURT, PALAKKAD


APPLICANT/PETITIONER:

             LISSY BENNY
             AGED 48 YEARS
             D/O. DEVASSY,
             ODAKKAL HOUSE, THEKKEKULAM,
             JANDAMUKKU, PEECHI VILLAGE,
             THRISSUR TALUK,
             CHENNAYPPARA P.O., 680 653.

             BY ADV. SHRI.SACHIN RAMESH

RESPONDENT/RESPONDENT:

             K.K.BENNY
             AGED 51 YEARS
             S/O. KURIAKOSE, KUMBALATHUMPADI HOUSE,
             MAARAAYKKAL DESAM, KANNARA P.O.,
             PANNACHERRI VILLAGE,
             THRISSUR TALUK,
             THRISSUR DISTRICT 680 652.

             R1 BY ADV. SRI.MANU SRINATH

     THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Tr.P(C).No.264 OF 2019            2




                              JUDGMENT

Dated this the 13th day of January 2021

This application seeking transfer was filed by the petitioner

O.P.1135/2018 pending before Family Court, Palakkad. The O.P. was

filed seeking decree for injunction restraining commission of waste in

the property which is situated within the territorial limits of Family

Court, Palakkad. A connected matter Tr. P(C) No. 378/2019 in which

the wife made similar request for transfer of O.P. filed by husband

before Family Court, Palakkad to Family Court, Thrissur was

considered. That O.P was ordered to be transferred to Family Court,

Thrissur.

2. The learned Counsel for the petitioner pointed out

that having the petitioner chosen to invoke the jurisdiction of Family

Court, Palakkad, it is quite improper to demand transfer of the case

to Family Court, Thrissur. This contention does not merit acceptance

inasmuch as the petitioner was persuaded to bring the action

invoking the jurisdiction of Family Court, Palakkad only because the

subject matter of O.P. is situated within the territorial jurisdiction of

Family Court, Palakkad.

3. Having considered the contentions of the parties, I

am satisfied that the request made for transfer of O.P. to Family

Court, Thrissur, is just and reasonable. The Counsel appearing for

both sides conceded that there are two more litigations between

parties pending before Family Court, Thrissur.

In the result, this petition is allowed ordering transfer of

O.P. No. 1135/2018 from Family Court, Palakkad to Family Court,

Thrissur. The Family Court, Palakkad, shall forward all the records to

Family court, Thrissur, and on the receipt of the records, the

transferee court shall issue notice to parties, directing their

appearance before that court within a reasonable time.

T.V.ANILKUMAR JUDGE SMF/13.01

APPENDIX OF Tr.P(C) 264/2019 PETITIONER'S EXHIBITS:

ANNEXURE A1 OP. 1135/2018 BEFORE PALAKKAD FAMILY COURT.

ANNEXURE A11 OP. 2049/2018 BEFORE THRISSUR FAMILY COURT.

ANNEXURE AIII OP. 1618/2018 BEFORE THRISSUR FAMILY COURT.

ANNEXURE AIV MOP 38/2019 BEFORE PALAKKAD FAMILY COURT.

//TRUE COPY// P A TO JUDGE