Citation : 2022 Latest Caselaw 1919 Ker
Judgement Date : 18 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
TR.P(C) NO. 233 OF 2020
OP 921/2016 OF FAMILY COURT, CHAVARA
PETITIONER/S:
SUMANGALA.P
AGED 71 YEARS
D/O. PARVATHY, NOW RESIDING AT NIKUNJAM,
KOTTAPURAM , PARAVUR P. O., PARAVUR VILLAGE,
KOLLAM - 691 301., FROM SANGAMAM, POZHIKKARA,
PARAVUR P. O., KOLLAM - 691 301.
BY ADV M.R.SASITH
RESPONDENT/S:
1 SOUMYA
AGED 31 YEARS
W/O. BIJU, S.S.MANDIRAM, MEENAD EAST, CHATHANNOOR
P.O., MEENAD VILLAGE, KOLLAM TALUK - 691 301.
2 BIJU G. S.
AGED 42 YEARS
S/O. LATE GOPINATHAN, SANGAMAM, POZHIKKARA,
PARAVUR P. O., KOLLAM - 691 301.
BY ADVS.
SRI.R.MOHANA BABU
SRI.M.AJITH (KARICODE)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Tr.PC 233/2020
-2-
ORDER
(Dated this the 18th day of February 2022)
A lady, aged 71 years, has filed this petition to transfer O.P. No.921 of 2016 pending before the Family Court, Chavara to the Family Court, Kollam, which was filed by the first respondent for return of gold ornaments as well as money.
2. The 2nd respondent is the husband of the first respondent. The case was initially filed before the Family Court, Kollam, but the same was transferred to the Family Court, Chavara after establishment of the same. It is the case of the petitioner that she is residing in Paravur and the first respondent is also a resident of Chathanoor, Kollam. The petition has filed this Transfer Petition stating that the Family Court, Kollam is near to the petitioner as well as to the first respondent and if it is transferred to the Family Court, Kollam it will be convenient to both the parties.
3. On going through the averments in the Petition as well as the grounds, I am of the view that this Transfer Petition can be allowed.
Tr.PC 233/2020
In the result, this Transfer Petition is allowed, transferring O.P. No.921 of 2016 pending before the Family Court, Chavara to the Family Court, Kollam. The Family Court, Chavara shall transfer the records to the Family Court, Kollam immediately.
The parties shall appear before the Family Court, Kollam on 10.3.2022.
sd
BASANT BALAJI, JUDGE dl/ Tr.PC 233/2020
APPENDIX OF TR.P(C) 233/2020
PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE O.P.NO.921/2016 FILED BY THE PETITIONER AGAINST THE RESPONDENTS BEFORE THE HON'BLE FAMILY COURT AT CHAVARA.
ANNEXURE A2 TRUE COPY OF THE MEDICAL REPORT OF THE RESPONDENT ISSUED BY THE ASSISTANT SURGEON RAMA RAO MEMORIAL TALUK HOSPITAL, NEDUNGONAM DATED 04.11.17. ANNEXURE A3 TRUE COPY OF THE MEDICAL REPORT OF THE PETITIONER ISSUED BY HOLY CROSS HOSPITAL, KOLLAM.
ANNEXURE A4 TRUE COPY OF JUDGMENT IN TP NO.712/2020 OF KERALA HIGH COURT.
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