Binu Chacko vs Asha Thambi
2021 Latest Caselaw 806 Ker

          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

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

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






                         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