Sruthi Raj.R.S vs Sruthi Raj.R.S
2021 Latest Caselaw 8659 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

    TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

                        Tr.P(C).No.109 OF 2021

   AGAINST THE ORDER/JUDGMENT IN OP 1296/2019 OF FAMILY COURT,
                          KOTTARAKKARA


PETITIONERS/RESPONDENT:

      1      SRUTHI RAJ.R.S
             THITTAYIL VEEDU, INCHAKAL, SARKARA, CHIRAYIN KEEZHU
             P.O., SARKARA VILLAGE, CHIRAYINKEEZHU TALUK,
             THIRUVANANTHAPURAM-695 304.

      2      RAJAN,
             THITTAYIL VEEDU, INCHAKAL, SARKARA, CHIRAYIN KEEZHU
             P.O., SARKARA VILLAGE, CHIRAYINKEEZHU TALUK,
             THIRUVANANTHAPURAM-695 304.

      3      S.SHEELA,
             THITTAYIL VEEDU, INCHAKAL, SARKARA, CHIRAYIN KEEZHU
             P.O., SARKARA VILLAGE, CHIRAYINKEEZHU TALUK,
             THIRUVANANTHAPURAM-695 304.

             BY ADVS.
             SRI.C.R.SIVAKUMAR
             SRI.K.SHAMEER MOHAMMED
             SMT.BINI.K

RESPONDENT/APPLICANT:

             RENJITH.P.
             AGED 33 YEARS
             S/O.PRAHLADAN, RADHA MANDIRAM, ELAMADU P.O., ELAMADU
             VILLAGE, KOTTARAKKARA TALUK-691 533.


     THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Tr.P(C).No.109 OF 2021

                                      2




                                   ORDER

Dated this the 16th day of March 2021

This Transfer Petition is filed by the wife, who is the

respondent in O.P.No.1296/2019 pending on the file of the Family

Court, Kottarakkara.

2. The said O.P was filed by the respondent, husband for

declaring the marriage to be null and void. The request made in this

petition is for transfer of the O.P to Family Court, Attingal.

3. Notice on the respondent was served. No counter was

filed opposing transfer. According to the petitioner, she is residing with

her aged parents at a place called Sarkara in Thiruvananthapuram

district. According to her, the Family Court, Attingal is a place

convenient to her for conducting the proceedings.

4. It is submitted that, since her parents are old and

sick and further she is not in a position to undertake a long journey

from her place of residence to the Family Court, Kottarakkara, transfer

of the proceedings to Family Court, Attingal, will meet ends of justice.

Going by the legal proposition propounded in AIR 2002 Supreme

Court 3161, wife's convenience must be taken into serious Tr.P(C).No.109 OF 2021

consideration, while dealing with matters related to transfer of

proceedings before Family Courts. Considering the facts and legal

issues on hand, I am of the opinion that, the request made by the

petitioner is lawful and reasonable.

In the result, the petition is allowed, withdrawing O.P

No.1296/2019 on the file of the Family Court, Kottarakkara and

transferring it to Family Court, Attingal. The transferee Court shall on

receipt of the records fixed an early date for appearance of the parties

and issue notice to them.

Sd/-

T.V.ANILKUMAR JUDGE

SMF Tr.P(C).No.109 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE OP 1296/2019 ON THE FILE OF FAMILY COURT, KOTTARAKKARA DATED 14.10.2019.

//TRUE COPY// PA TO JUDGE