Savitri Manju G vs Balasubrahmanian Nampoothiri
2021 Latest Caselaw 13619 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                      THE HONOURABLE MR.JUSTICE V.G.ARUN
         THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                           TR.P(C) NO. 255 OF 2021
       AGAINST THE ORDER/JUDGMENT IN OPGW 841/2020 OF FAMILY COURT,
                              MAVELIKKARA, ALAPPUZHA
PETITIONER/S:

             SAVITRI MANJU G.
             AGED 32 YEARS
             D/O. GOVINDAN NAMBOOTHIRI, THEKKEHORAKATTU ILLAM, KATTADI
             P. O., POOYAPPALLY VILLAGE, KOTTARAKKARA, KOLLAM
             DISTRICT, NOW RESIDING AT FLAT NO.9D, TRAVANCORE GREEN
             ISLC, PANDARACHIRA ROAD, KADAVANTHRA, KOCHI - 682 020.

             BY ADV SIKHA G.NAIR



RESPONDENT/S:

             BALASUBRAHMANIAN NAMPOOTHIRI
             AGED 42 YEARS
             S/O. LATE EASWARAN NAMPOOTHIRI, PERIAMANA ILLOM, MUTTOM
             P. O., MUTTOM MURI, CHEPPAD VILLAGE, KARTHIKAPPALLY
             TALUK, ALAPPUZHA DISTRICT - 690 511.


THIS    TRANSFER   PETITION    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 255 OF 2021
                                     2



                               JUDGMENT

Dated this the 1st day of July, 2021

The marital discord among spouses resulted in their marriage

being dissolved by mutual consent as per the order in O.P No.839/2017

of the Family Court, Mavelikkara. Thereafter, the respondent/ husband

filed OP (G&W) No.841 of 2020, before the Family Court, Mavelikkara.

The petitioner / wife, who was working at Mavelikkara earlier, has

been transferred to Ernakulam and she is presently employed at the

Kadavanthara Branch of the State Bank of India. The children are

residing with the petitioner and both of them are doing their schooling

at Ernakulam. It submitted that under normal circumstances, the

petitioner will be at Ernakulam for 4 or 5 years. The petitioner is

finding it extremely difficult to travel all the way to Mavelikkara with

the children.

2.Even though the respondent is served with notice, there is no

appearance on his behalf.

3. On hearing the learned counsel for the petitioner and

considering that the petitioner is employed at Ernakulam and the TR.P(C) NO. 255 OF 2021

children are residing with her, the prayer for transfer is allowed.

In the result the transfer petition is allowed. OP (G&W) No.841 of

2020 pending before the Family Court, Mavelikkara shall forthwith be

transferred to the Family Court, Ernakulam.

Sd/-

V.G ARUN JUDGE

SJ TR.P(C) NO. 255 OF 2021

APPENDIX OF TR.P(C) 255/2021

PETITIONER ANNEXURE

ANNEXURE A1 TRUE COPY OF O.P.(G/W) NO.841/2020 FILED BEFORE HONORABLE FAMILY COURT, MAVELIKKARA, DATED 27.08.2020.

ANNEXURE A2 TRUE COPY OF I.A.1/2020 IN O.P.(G/W) NO.841/2020 FILED BEFORE HONORABLE FAMILY COURT, MAVELIKKARA, DATED 27.08.2020.

ANNEXURE A3 TRUE COPY OF COMPROMISE DECREE IN O.P.(G/W) NO.1136/2016 BEFORE FAMILY COURT, MAVELIKKARA, DATED 18.03.2017.

ANNEXURE A4 TRUE COPY OF THE RENT AGREEMENT DATED 01.07.2020.