Anzwara T S vs Arjun Prakash
2022 Latest Caselaw 3386 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                          TR.P(C) NO. 112 OF 2022
         AGAINST THE ORDER/JUDGMENT IN OP(G&W) 2662/2019 OF FAMILY
           COURT,THIRUVANANTHAPURAM TO FAMILY COURT, THODUPUZHA


PETITIONERS/RESPONDENTS:

     1        ANZWARA T S,
              AGED 29 YEARS
              D/O. K. THULASIDHARAN, VINAYAKA, T.C. 4/912(2), SCNRA-
              123, KURAVANKONAM, KOWDIAR P.O, THIRUVANANTHAPURAM, PIN
              695003, PRESENTLY RESIDING AT MULAKUVILA (MANNADIYIL)
              HOUSE, 40 ACRE, BISONVALLEY P.O, IDUKKI, PIN 685565,
              REPRESENTED BY POWER OF ATTORNEY HOLDER SHEELA, AGED 51
              YEARS, W/O. K. THULASIDHARAN, RESIDING AT T.C.
              91/2(20/744), VINAYAKA, SCNRA-123, KURAVANKONAM, KOWDIAR
              P.O, THIRUVANANTHAPURAM, PIN 695 003, PRESENTLY RESIDING
              AT MULAKUVILA (MANNADIYIL ) HOUSE, 40 ACRE, BISONVALLEY
              P.O, IDUKKI , PIN 685 565

     2        K. THULASIDHARAN,
              AGED 59 YEARS
              VINAYAKA, T.C. 4/912 (2), SCNRA-123, KURAVANKONAM,
              KOWDIAR P.O, THIRUVANANTHAPURAM, PIN 695 003, PRESENTLY
              RESIDING AT MULAKUVILA (MANNADIYIL) HOUSE, 40 ACRE, 40
              ACRE, BISONVALLEY P.O, IDUKKI, PIN 685 565.

     3        SHEELA,
              AGED 51 YEARS
              W/O. K. THULASIDHARAN, RESIDING AT T.C. 91/2(20/744),
              VINAYAKA, SCNRA-123, KURAVANKONAM, KOWDIAR P.O,
              THIRUVANANTHAPURAM, PIN 695 003, PRESENTLY RESIDING AT
              MULAKUVILA (MANNADIYIL) HOUSE, 40 ACRE, BISONVALLEY P.O,
              IDUKKI, PIN 685 565

              BY ADV MAITHEEN M.PAREETH
 Tr.P.C NO. 112 OF 2022
                                   2




RESPONDENT/PETITIONER:

            ARJUN PRAKASH
            AGED 34 YEARS
            S/O. M.N. PRAKASH, MADATHIL, VADAKKUMMURY P.O,
            KARIMKUNNAM, THODUPUZHA, IDUKKI DISTRICT, PIN 685
            586.


     THIS    TRANSFER   PETITION       (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 22.03.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Tr.P.C NO. 112 OF 2022
                                   3




                            JUDGMENT

In this case, 1st petitioner is the wife of the respondent and

the other petitioners are the parents of the 1 st petitioner.

Petitioners filed this transfer petition seeking transfer of O.P.

(G&W)No.2662/2019 pending before the Family Court,

Thiruvananthapuram to Family Court, Thodupuzha.

2. Though notice was served upon the respondent, nobody

appeared or opposed the petition.

3. It is submitted by the learned counsel for the petitioners

that during the stay of the parties within the limits of Family Court,

Thiruvananthapuram, this O.P.(G & W) No.2662/2019 was filed

and thereafter Transfer Petition No.752/2021 was filed before this

Court and same was dismissed. Later Review Petition No.39/2022

was filed and same was also dismissed reserving the liberty of the

petitioners to file another Transfer Petition.

4. In this case, as I have already pointed out, the

respondent did not appear. Going by the address of the Tr.P.C NO. 112 OF 2022

respondent, to whom with, at present, the custody of the minor

has been admitted by the petitioners, it appears that no harm

would be caused to the respondent if the O.P(G&W) is transferred

to Family Court, Thodupuzha where the pendency is much less

than that of Thiruvanathapuram. Therefore, the O.P stands

allowed.

5. In the result, this Transfer Petition is allowed. O.P.

(G&W)No.2662/2019 pending before the Family Court,

Thiruvananthapuram shall stand transferred to the Family Court,

Thodupuzha. Family Court, Thiruvananthapuram is directed to

forward the case records to the Family Court, Thodupuzha

forthwith. Parties shall appear before the Family Court,

Thodupuzha on 04.04.2022.

Registry shall forward a copy of this order to the Family

Court, Thiruvananthapuram and Family Court, Thodupuzha within

7 days for information and compliance.

Sd/-

A.BADHARUDEEN JUDGE rpk Tr.P.C NO. 112 OF 2022

APPENDIX OF TR.P(C) 112/2022

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE MEMORANDUM OF ORIGINAL PETITION DATED 18.11.2019 FILED IN O. P (G&W) NO. 2662/2019 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.

Annexure A2 TRUE COPY OF POWER OF ATTORNEY DATED 01.10.2020.

Annexure A3 TRUE COPY OF THE MEMORANDUM OF ORIGINAL PETITION DATED 08.11.2021 FILED IN O.P (DIVORCE), NO. 378/2021 BEFORE THE FAMILY COURT, THODUPUZHA.

Annexure A4 TRUE COPY OF THE MEMORANDUM OF ORIGINAL PETITION DATED 08.11.2021 FILED IN O.P. NO. 379/2021 BEFORE THE FAMILY COURT, THODUPUZHA.

Annexure A5 TRUE COPY OF M.C. NO. 82/2021 ON THE FILES OF THE FAMILY COURT, THODUPUZHA.

Annexure A6 TRUE COPY OF THE ORDER DATED 18.01.2022 PASSED IN R.P. NO. 39/2022 IN TR.P(C) NO. 752/2021