Kerala High Court
Harsha R vs R. Hari Sankar on 22 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023/1ST AGRAHAYANA,
1945
TR.P(C) NO.246 OF 2023
TO TRANSFER ORIGINAL PETITIONS NUMBERED AS O.P No.453/2023
& O.P.No.418/2023 ON TEH FILES OF FAMILY COURT,
THIRUVANANTHAPURAM TO FAMILY COURT, PALA
PETITIONER/RESPONDENT:
HARSHA R., AGED 31 YEARS,
D/O.RAVEENDRANATHA KURUP,
W/O.R.HARI SANKAR, SREERAGAM HOUSE,
KIDANGOOR SOUTH, KOTTAYAM DIST., PIN - 686583.
BY ADVS.
M.J.SANTHOSH
ARUN ANTONY (K/1053/2011)
RESPONDENT/PETITIONER:
R.HARI SANKAR, AGED 32 YEARS,
RESIDING AT TC 13/1648-3, MURINJA PALAM,
MEDICAL COLLEGE P.O.,
THIRUVANATHAPURAM DIST., PIN - 695011.
BY ADVS.
GOVIND CHANDRABHANU
MANU HARSHAKUMAR(K/000955/2016)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.11.2023, ALONG WITH Tr.P(C).510/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023/1ST AGRAHAYANA,
1945
TR.P(C) NO.510 OF 2023
TO TRANSFER ORIGINAL PETITION NUMBERED AS OP NO.670/2023
ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM TO FAMILY
COURT, PALA
PETITIONERS/RESPONDENTS:
1 HARSHA .R., AGED 31 YEARS,
D/O.RAVEENDRANATHA KURUP, W/O.R.HARI SANKAR,
SREERAGAM HOUSE, KIDANGOOR SOUTH,
KOTTAYAM DISTRICT., PIN - 686583.
2 RAVEENDRANATHA KURUP, AGED 62 YEARS,
S/O.SREEDHARA KURUP, SREERAGAM HOUSE,
KIDANGOOR SOUTH,
KOTTAYAM DISTRICT., PIN - 686575.
BY ADV.M.J.SANTHOSH
RESPONDENT/PETITIONER:
R.HARI SANKAR, AGED 32 YEARS,
S/O.K.RAMAKRISHNAN, RESIDING AT TC 13/1648-3,
MURINJA PALAM, MEDICAL COLLEGE P.O.,
THIRUVANATHAPURAM., PIN - 695011.
BY ADVS.
MANU HARSHAKUMAR
GOVIND CHANDRABHANU(K/942/2019)
ADARSH S.(K/001376/2019)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.11.2023, ALONG WITH Tr.P(C).246/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P(C) Nos.246 & 510 of 2023
- 3 -
O R D E R
Dated, this the 23rd November, 2023
The petitioner/wife seeks transfer of O.P.
Nos.418/2023, 453/2023 and 670/2023 on the files
of Family Court, Thiruvananthapuram to the Family
Court, Pala. The transfer is premised on the
ground that the petitioner/wife is residing in
the jurisdictional limits of the Family Court,
Pala.
2. The learned counsel for the petitioner relied
on the judgment of the Honourable Supreme Court
in Sumita Singh v. Kumar Sanjay & another [(2001)
10 SCC 41], to emphasise that convenience of the
wife is surely a matter to be looked into, while
fixing the forum for adjudication of matrimonial
disputes.
3. The learned counsel for the respondent
submits that respondent apprehends threat and
assault, if he is to conduct cases at the Family
Tr.P(C) Nos.246 & 510 of 2023
- 4 -
Court, Pala. This Court therefore directed the
learned Government Pleader to enquire and report
about the complaint, if any, preferred by the
respondent herein as regards the threat or
assault. The learned Government Pleader filed a
memo, along with the report of the S.H.O
concerned, stating that the complaint preferred
was a false one and the same was referred.
4. In the circumstances, there exist no reason
to disallow this Transfer Petition. This Transfer
Petition is allowed and O.P. Nos.418/2023,
453/2023 and 670/2023 pending before the Family
Court, Thiruvananthapuram are directed to be
transferred to the Family Court, Pala. The
transferor court shall transmit all records to
the transferee court, forthwith.
Sd/-
C.JAYACHANDRAN, JUDGE
ww
Tr.P(C) Nos.246 & 510 of 2023
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APPENDIX OF TR.P(C) 246/2023
PETITIONER'S EXHIBITS:
EXHIBIT-P1 THE TRUE COPY OF PETITION IN O.P.NO.
453/23 DATED 23/02/23.
EXHIBIT-P2 THE TRUE COPY OF SUMMONS IN O.P.
NO.418/23 DATED 13/03/13.
Tr.P(C) Nos.246 & 510 of 2023
- 6 -
APPENDIX OF TR.P(C) 510/2023
PETITIONERS' ANNEXURES:
ANNEXURE-A1 THE TRUE COPY OF PETITION IN I.A. NO.
1/23 IN O.P.NO.670/2023 DATED
18/03/2023 ON THE FILE OF HONOURABLE
FAMILY COURT, THIRUVANANTHAPURAM.
ANNEXURE-A2 THE TRUE COPY OF SUMMONS ISSUED TO THE
1ST PETITIONER IN I.A. NO.1/23 IN O.P.
NO.670/2023 DATED 07/07/2023.
ANNEXURE-A3 THE TRUE COPY OF SUMMONS ISSUED TO THE
2ND PETITIONER IN I.A. NO.1/23 IN O.P.
NO.670/2023 DATED 07/07/2023.
RESPONDENT'S ANNEXURES:
ANNEXURE R1 TRUE COPY OF THE OP TICKET OF GENERAL
HOSPITAL KOTTAYAM DATED 17.02.2023.
ANNEXURE R2 TRUE COPY OF COMPLAINT FILED BEFORE
THE SHO KIDANGOOR POLICE STATION AND
RECEIPT OF THE SAME DATED 23.03.2023.
