Sheena Christopher vs Shajan Thomas
2021 Latest Caselaw 13123 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
             THE HONOURABLE MR.JUSTICE V.G.ARUN
 WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
                   TR.P(C) NO. 572 OF 2018
AGAINST THE ORDER/JUDGMENT IN OP 853/2018 OF FAMILY COURT,
                    KOTTARAKKARA, KOLLAM
PETITIONER/S:

          SHEENA CHRISTOPHER
          AGED 35 YEARS
          D/O.CHRISTOPHER, DARFAVILA, PANAGODE, VIZHINJAM
          P.O., THIRUVANANTHAPURAM, PIN 695521.
          BY ADV SRI.A.CHANDRA BABU


RESPONDENT/S:

          SHAJAN THOMAS
          S/O SHAMMUEL, KALLUM MOOTIL VEEDU, PANAVELI P.O.,
          KOTTARAKARA, KOLLAM.
          BY ADV SHRI.V.PREMCHAND

THIS   TRANSFER   PETITION    (CIVIL)   HAVING   COME   UP   FOR

ADMISSION ON 23.06.2021, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:
 Tr.P.C No.572 of 2018
                                2



                             ORDER

Dated this the 23rd day of June, 2021

The matrimonial discord between the petitioner

wife and the respondent husband has resulted in

the respondent filing O.P.(Div.) No.853 of 2018

before the Family Court, Kottarakkara seeking to

declare the marriage null and void. In turn, the

petitioner has filed O.P.No.1951 of 2018 before

the Family Court, Thiruvananthapuram seeking to

recover gold ornaments and money from the

respondent. The prayer in this petition is to

transfer O.P.(Div.) No.853 of 2018 from the Family

Court, Kottarakkara to the Family Court,

Thiruvananthapuram.

2. Learned Counsel for the petitioner

submitted that the petitioner is a permanent

resident of Thiruvananthapuram and has to travel Tr.P.C No.572 of 2018

80 Km. to reach the Family Court at Kottarakkara.

She has a girl child aged 3 years and is finding

it extremely difficult to undertake the long

distance travel along with the child. Further,

the respondent is employed abroad and is

conducting the cases through power of attorney

holder. Being so, it will be in the interest of

justice to transfer O.P.No.853 of 2018 as prayed

for.

3. Learned Counsel for the respondent do not

seriously object the prayer for transfer, but

prays that personal presence of the respondent may

not be insisted upon, unless it is unavoidable.

In the result, the Tr.P.C is allowed.

O.P.No.853 of 2018 on the files of the Family

Court, Kottarakkara, shall forthwith be

transferred to the Family Court,

Thiruvanathapuram.

Tr.P.C No.572 of 2018

The respondent's personal presence at the

Family Court, Thiruvananthapuram shall not be

insisted upon, unless unavoidable.

Sd/-

V.G.ARUN JUDGE Scl/23.06.2021 Tr.P.C No.572 of 2018

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE PETITION IN OP.NO.853/2018 BEFORE THE FAMILY COURT, KOTTARAKKARA FILED BY THE RESPONDENT. EXHIBIT P2 THE TRUE COPY OF THE PETITION IN OP.NO.1951/2018 BEFORE HE FAMILY COURT, THIRUVANANTHAPURAM FILED BY THE PETITIONER.