Vishnu Raveendran vs Soniya K.R
2021 Latest Caselaw 20717 Ker

Tr.P(C) No.525/2021                         1/4

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT
                            THE HONOURABLE MR.JUSTICE V.G.ARUN
                  Tuesday, the 5th day of October 2021 / 13th Aswina, 1943
                          IA.NO.1/2021 IN TR.P(C) NO. 525 OF 2021

                           OP.NO.552/2019 OF FAMILY COURT, TIRUR

                                     ---------------

   PETITIONER/PETITIONER:

           VISHNU RAVEENDRAN
           AGED 33 YEARS, S/O.LATE RAVEENDRAN,
           PRESENTLY RESIDING AT 179, DR.A.K.PAUL ROAD, PARNASREE,
           BEHALA, KOLKATA-700 034 AND PERMANENTLY RESIDENT OF
           EDATTUPARAMBIL HOUSE, NEEZHOOR VILLAGE, MARANOLI P.O.,
           KOTTAYAM DISTRICT .

           REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MRS. FLORY P.K.
           AGED 57 YEARS, W/O.LATE RAVEENDRAN, RESIDING AT
           EDATTUPARAMBIL HOUSE, NEEZHOOR VILLAGE,
           MARANOLI P.O.KOTTAYAM DISTRICT

   RESPONDENT/RESPONDENT :

           SONIYA K.R.,
           AGED 28 YEARS, D/O.RAJAMMA K.,
           KUZHIYANTHADATHIL HOUSE, THALAYOLAPARAMBU P.O.,
           VADAYAR VILLAGE, VAIKOM TALUK, KOTTAYAM

           NOW RESIDING AT KUTTYPURAM P.O.,
           PIN 679 571, THIRUR TALUK, MALAPPURAM DISTRICT


        Petition praying that in the circumstances stated in the affidavit
   filed therewith the High Court be pleased to stay all further proceedings
   in OP.No.552/2019 on the file of the Family Court, Tirur pending disposal
   of the above application for transfer to meet the interest of justice.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support thereof, and upon hearing the arguments of
   M/S.T.K.RAJESHKUMAR, MANOJ V.GEORGE, APARNA SOMARAJAN, ASWIN K.R., MATHEWS
   BENNY and T.N.BINDU, Advocates for the petitioner, the court passed the
   following:
 Tr.P(C) No.525/2021                          2/4




                                  V.G.ARUN, J.
                           ====================
                               I.A.No. 1 of 2021 in
                             Tr.P(C).No.525 of 2021
                           ====================
                        Dated this the 05th day of October, 2021

                                       ORDER

Learned Counsel for the petitioner submits that,

despite receipt of summons in her Vaikom address, the

respondent did not care to appear in the Original Petition

filed by the petitioner, resulting in Annexure-A5

judgment, declaring the marriage between the petitioner

and respondent null and void. Thereafter, the petitioner

moved Annexure-A6 Original Petition before the Family

Court, Tirur, seeking restitution of conjugal rights. It is

submitted that the respondent has so far not challenged

Annexure-A5 judgment and that the Original Petition

before the Family Court, Tirur, has been filed to harass

the petitioner, who is presently working as a male nurse

in Kolkata and is engaged in Covid mitigation work.

In such circumstances, there shall be an interim Tr.P(C) No.525/2021 3/4

stay of further proceedings in O.P.No.552/2019 on the

files of the Family Court Tirur, for two months.

Sd/-

                                                           V.G.ARUN
                                                             JUDGE


            NB/5-10




05-10-2021                      /True Copy/                        Assistant Registrar
 Tr.P(C) No.525/2021                 4/4

                       APPENDIX OF TR.P(C) 525/2021
Annexure A5           A TRUE COPY OF THE JUDGMENT DATED 7.8.2019 PASSED BY

THE FAMILY COURT, KOTTAYAM AT ETTUMANNOOR IN OP.NO.179/2019

Annexure A6 A TRUE COPY OF THE ORIGINAL PETITION OP.NO. 552/2019 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, TIRUR MALAPPURAM DISTRICT