L.Shaila vs P.I.Abdul Salam
2021 Latest Caselaw 23396 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA,
                               1943
                 TR.P(C) NO. 563 OF 2021
    AGAINST THE ORDER IN OP 204/2021 OF FAMILY COURT,
                           ALAPPUZHA
PETITIONER/RESPONDENT IN OP NO.204 OF 2021 OF
FAMILY COURT, ALAPPUZHA:

         L.SHAILA,
         AGED 44 YEARS
         D/O. LEELAVATHIAMMA, RESIDING AT KANAVU HOUSE,
         CHEPPANAM P.O, PANANGAD, PIN CODE-682 506.
         BY ADVS.
         P.K.PAMALA
         JISHAMOL CLEETUS

RESPONDENTS/PETITIONER IN O.P.204/2021 OF
FAMILY COURT, ALAPPUZHA    :

         P.I.ABDUL SALAM,
         S/O. LATE ISMAIL, AGED 50,
         RESIDING AT S.VILLA, PANTHEZHAM,
         P.O. MUHAMMA, ALAPPUZHA DISTRICT,
         PIN CODE-688 525.
         BY ADVS.
         T.M.RAMAN KARTHA
         MANJU R. KARTHA
         M.S.SOUJATH
         KEERTHI.S.NAIR(K/827/2019)
         SYAMA MOHAN

     THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 19.11.2021, THE COURT ON 25.11.2021 DELIVERED
THE FOLLOWING:
 Tr.P(C)No.563 of 2021                ..2..




                         Tr.P(C)No.563 of 2021
           -------------------------------------------------------


                                ORDER

This is an application filed under Section 24 of the

Code of Civil Procedure to transfer O.P.No.204 of 2021 pending

before the Family Court, Alappuzha to Family Court, Ernakulam

taking note of the convenience of the petitioner herein who is

the sole respondent in the above original petition, filed at the

instance of her former husband.

2. It is submitted inter alia that now the

petitioner has been residing along with her aged mother and

two girl children in Ernakulam. It is submitted further that

earlier also the petitioner filed G.O.P.No.794 of 2019 before the

Family Court, Ernakulam seeking custody of the children and

was settled finally on 27.05.2019. Similarly, the petitioner filed

O.P.No.1153 of 2019 before the Family Court, Ernakulam for Tr.P(C)No.563 of 2021 ..3..

dissolution of marriage and the same was decreed ex parte on

06.02.2020. Now the respondent herein filed I.A.Nos.2853 of

2021 and 2854 of 2021 for setting aside the ex parte decree

after condoning the delay and the said applications are also

pending before the Family Court at Ernakulam. On these

grounds, the petitioner canvasses transfer of O.P.No.204 of

2021.

3. Heard the learned counsel on both sides.

4. The learned counsel for the petitioner urged

the necessity to get transfer of this matter before the Family

Court, Ernakulam so as to have a decision on merits. Though

the learned counsel for the respondent opposed the prayer, no

reasons whatsoever submitted to substantiate the said

contention. No written objection also is seen filed.

5. On evaluation of the crux of the matter, I am

of the view that O.P.No.204 of 2021 pending before the Family

Court, Alappuzha can be transferred to the Family Court,

Ernakulam where I.A.Nos.2853 of 2021 and 2854 of 2021 are Tr.P(C)No.563 of 2021 ..4..

also pending consideration.

In the result, this petition is allowed. O.P.No.204 of

2021 pending before the Family Court, Alappuzha is transferred

to the Family Court, Ernakulam.

It is ordered that the Family Court, Alappuzha shall

forward the records in O.P.No.204 of 2021 to the Family Court,

Ernakulam within seven days from the date of receipt or

production of a copy of this order by the parties concerned.

The Registry of this Court is directed to forward a

copy of this order to Family Court, Alappuzha and Family Court,

Ernakulam for information and compliance.

Sd/-

                                    A.BADHARUDEEN, JUDGE

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 Tr.P(C)No.563 of 2021            ..5..




                    APPENDIX OF TR.P(C) 563/2021

PETITIONER ANNEXURE
Annexure A1             A TRUE COPY OF THE JUDGMENT IN G.O.P
                        NO. 794 OF 2019 DATED 27.05.2019.
Annexure A2             A TRUE COPY OF THE COMPROMISE
                        AGREEMENT ARRIVED AT BETWEEN THE

PARTIES IN G.O.P NO. 794 OF 2019 DATED 27.05.2019.

Annexure A3 A TRUE COPY OF THE EXPARTE DECREE IN O.P. NO. 1153 OF 2019 DATED 06.02.2020.

Annexure A4 A TRUE COPY OF THE O.P. 204 OF 2021 DATED 18.02.2021.

Annexure A5 A TRUE COPY OF COUNTER TO O.P. 204 OF 2021 DATED 21.04.2021.

Annexure A6 A TRUE COPY OF THE I.A. NO. 2853 OF 2021 13.07.2021.

Annexure A7 A TRUE COPY OF THE I.A.NO. 2854 OF 2021 DATED 13.07.2021.

Annexure A8 TRUE COPY OF THE COUNTER IN I.A. NO.

2853 OF 2021 DATED 28.09.2021.

Annexure A9 TRUE COPY OF THE COUNTER IN I.A. NO.

2854 OF 2021 DATED 28.09.2021.