Suja S vs Saji Kumar R
2021 Latest Caselaw 23163 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                         TR.P(C) NO. 455 OF 2021
 TO TRANSFER OP 136/2019 AND 133 OF 2019 OF FAMILY COURT, NEDUMANGAD, TO
                  THE FAMILY COURT, THIRUVANANTHAPURAM
PETITIONER/PETITIONER IN OP NO.133/2019 & 136/2019 IN JOINT TRIAL:

     1     SUJA S,
           AGED 42 YEARS
           D/O. SANTHAKUMARI, RESIDING AT R.P. SADANAM, PERINGAMALA,
           KALLIYOOR P.O, VENGANOOR VILLAGE, THIRUVANANTHAPURAM
           DISTRICT, PIN-695 042

           BY ADVS.
           J.R.PREM NAVAZ(K/815/2004)
           SUMEEN S.


RESPONDENTS/RESPONDENTS IN OP NO.133/2019 & 136/2019 IN JOINT TRIAL::

     1     SAJI KUMAR R,
           AGED 50 YEARS
           S/O. RAGHAVAN NADAR, WITH PERMANENT RESIDENCE AT VALIYAVILA
           VADAKKARIKIL VEEDU, PERINGAMALA, KALLIYOOR
           P.O,THIRUVANANTHAPURAM DISTRICT, PIN-695 042.

    * 2    JAYA RANI (DELETED)
           AGED 50 YEARS
           D/O. BHASKARAN NADAR, RESIDING AT BHASKARA SADANAM, KAMARAJ
           NAGAR, NELLIVILA P.O, THIRUVANANTHAPURAM DISTRICT,
           PIN-695 523

           * SECOND RESPONDENT IS DELETED FROM THE PARTY ARRAY VIDE
           ORDER DATED 24.11.2021 IN TR.P(C)455/2021.

           BY ADV. SRI.SUMAN CHAKRAVARTHY


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 455 OF 2021
                                          2




                                      ORDER

Dated this the 24th day of November, 2021

The petitioner is seeking transfer of O.P.No.133

of 2019 and O.P.No.136 of 2019 from the files of

Family Court, Nedumangad to the Family Court,

Thiruvananthapuram.

2. It is submitted that the cases were originally

pending before the Family Court,

Thiruvananthapuram and at the request of the

petitioner this Court had, vide Annexure-A3

judgment, directed the Family Court,

Thiruvananthapuram to dispose the cases on or

before 31.12.2017. Thereafter, the cases were

transferred to the Family Court, Nedumangad as

directed by the District Judge, Thiruvananthapuram.

It is pointed out that both parties hail from

Thiruvananthapuram and are being put to

inconvenience due to the transfer and the cases

were transferred at a stage when the trial was almost TR.P(C) NO. 455 OF 2021

complete.

3. Learned Counsel for the respondent

submitted that the respondent has no objection in

the cases being re-transferred to the Family Court,

Thiruvananthapuram.

4. Having heard the learned Counsel and

having considered Annexure-A3 judgment, as also

the stage at which the cases were transferred to the

Family Court, Nedumangad, I am inclined to allow the

request for re-transfer.

In the result, the transfer petition is allowed.

O.P.No.133 of 2019 and O.P.No.136 of 2019 on the

files of Family Court, Nedumangad shall forthwith be

transferred to the Family Court, Thiruvananthapuram.

Sd/-

V.G.ARUN

JUDGE NB/24-11 TR.P(C) NO. 455 OF 2021

APPENDIX OF TR.P(C) 455/2021

PETITIONER'S ANNEXURE:

ANNEXURE A1 THE TRUE COPY OF THE O.P. NO. 133 OF 2019 PENDING ON THE FILES OF THE FAMILY COURT, NEDUMANGAD, ORIGINALLY FILED AS O.P.NO. 449 OF 2011 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.

ANNEXURE A2 THE TRUE COPY OF THE O.P. NO. 136 OF 2019 PENDING ON THE FILES OF THE FAMILY COURT, NEDUMANGAD, ORIGINALLY FILED AS O.P. NO. 79 OF 2012 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.

ANNEXURE A3 THE TRUE COPY OF THE JUDGMENT DATED 20.09.2017 IN O.P. (F.C.) NO. 495 OF 2017 PASSED BY THE DIVISION BENCH OF THIS HON'BLE COURT.

RESPONDENT'S ANNEXURE: NIL

True Copy

P.A to Judge