Kerala High Court
Sruthy K vs Sudheesh M on 13 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
TR.P(C) NO. 124 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 704/2020 OF FAMILY COURT,
OTTAPPALAM, PALAKKAD
PETITIONER/S:
SRUTHY. K
AGED 30 YEARS
D/O ADHINARAYANAN,
KURUVAPADAM HOUSE,
EDATHALA P O,
ERNAKULAM-683567.
BY ADVS.
C.Y.VINOD KUMAR
SMT.SHERIN A.RAHIM
RESPONDENT/S:
SUDHEESH.M
AGED 35 YEARS
S/O LAKSHMANA GUPTAN,
LAKSHMAN NIVAS,
KATTUKULAM,
KATTUKULAM SOUTH POST,
PALAKKAD-679514.
BY ADVS.
GERRY DOUGLES S.
DON PAUL
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2021, ALONG WITH TR.P.(C) NO.125/2021 , THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2
TR.P(C) NOs. 124 and 125 OF 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
TR.P(C) NO. 125 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 705/2020 OF FAMILY COURT,
OTTAPPALAM, PALAKKAD
PETITIONER/S:
SRUTHY K.
AGED 30 YEARS
D/O.ADHINARAYANAN, KURUVAPADAM HOUSE, EDATHALA
P.O., ERNAKULAM - 683 567.
BY ADVS.
C.Y.VINOD KUMAR
SMT.SHERIN A.RAHIM
RESPONDENT/S:
SUDHEESH M.
AGED 35 YEARS
S/O.LAKSHMANA GUPTAN, LAKSHMANA NIVAS, KATTUKULAM,
KATTUKULAM SOUTH POST, PALAKKAD - 679 514.
BY ADVS.
GERRY DOUGLES S.
DON PAUL
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2021 ALONG WITH TR.P.(C) NO.124/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
TR.P(C) NOs. 124 and 125 OF 2021
O R D E R
The spouses are at loggerheads and have resorted to
legal remedies. The respondent/husband has filed
O.P.No.704 of 2020 before the Family Court, Ottappalam
under Section 25 of the Guardians and Wards Act, seeking
custody of the minor daugther and O.P.No.705 of 2020 for
restitution of conjugal rights. The petitioner has filed
O.P.No.57 of 2021 before the Family Court, Ernakulam for
divorce and M.C.No.66 of 2020 before the Judicial First Class
Magistrate Court - I Aluva under Section 12 of the Protection
of Women from Domestic Violence Act, 2005. The petitioner,
who is a permanent resident of Edathala in Ernakulam, seeks
transfer of the original petitions filed by the husband from
the Family Court, Ottapalam to the Family Court, Ernakulam.
2. The learned Counsel for the respondent fairly
submitted that the respondent has no objection in the
original petitions being transferred. It is pointed out that the
TR.P(C) NOs. 124 and 125 OF 2021
respondent is working abroad and is represented by Power
of Attorney holder, who is his father. It is therefore
requested that the Family Court may not insist on the
personal presence of the Power of Attorney Holder on all the
posting dates. I find the request to be reasonable.
In the result, the Transfer Petitions are allowed.
O.P.No.704 of 2020 and O.P.No.705 of 2020 pending on the
files of the Family Court, Ottapalam shall forthwith be
transferred to the Family Court, Ernakulam. The transferee
court shall not insist on the personal presence of the
petitioner's power of attorney holder, unless absolutely
necessary.
Sd/-
V.G.ARUN
JUDGE
RK
TR.P(C) NOs. 124 and 125 OF 2021
APPENDIX OF TR.P(C) 124/2021
PETITIONER ANNEXURE
ANNEXURE TRUE COPY OF OP NO. 704/2020 ON THE FILE
OF FAMILY COURT, OTTAPPALAM, PALAKKAD
DISTRICT.
TR.P(C) NOs. 124 and 125 OF 2021
APPENDIX OF TR.P(C) 125/2021
PETITIONER ANNEXURE
ANNEXURE I TRUE COPY OF O.P.NO.705/2020 ON THE FILE
OF FAMILY COURT, OTTAPPALAM, PALAKKAD
DISTRICT.
