Dr Nayana P Chandran vs Venugopal Madhukar Shenoy
2023 Latest Caselaw 10550 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                     TR.P(C) NO. 580 OF 2023
  AGAINST THE ORDER/JUDGMENT OP 1216/2020 OF FAMILY COURT,
                            ERNAKULAM
PETITIONER/PETITIONER:

            DR NAYANA P CHANDRAN
            AGED 33 YEARS, MOHANAM,
            LEKSHMINADA, CUTCHERY PO,
            KOLLAM, PIN - 691013
            BY ADV.
            SRI.ABHILASH M.J.

RESPONDENT/RESPONDENT:

            VENUGOPAL MADHUKAR SHENOY
            AGED 34 YEARS, DEVINIVAS,
            40/2040, VERATH LANE, PALARIVATTOM,
            ERNAKULAM, PIN - 682025
            BY ADVS.
            P.BINNY JOSEPH
            JEENU ABRAHAM(J-500)



     THIS    TRANSFER   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 16.10.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 TR.P.(C).No. 580 of 2023
                                  :2:



                     DEVAN RAMACHANDRAN, J.
                 =========================
                       TR.P.(C).No. 580 of 2023
                ==========================
                Dated this the 16th day of October, 2023

                                ORDER

The petitioner seeks that O.P.No.1216/2020, on the files of the

Family Court, Ernakulam, be transferred to the Family Court,

Kollam.

2. The petitioner explains that, on account of the matrimonial

disputes between her and the respondent - husband, she has been

forced to relocate herself to her parental home at Kollam; and that,

it is therefore, extremely difficult for her to travel to Ernakulam,

which is about 150 km away. She adds that even though she has

filed another Original Petition before the Family Court, Ernakulam

- seeking patrimony and gold ornaments, that was done when she

was at Ernakulam before the divorce petition had been filed by the

respondent; and that she intends to seek transfer of the same also

to the Family Court, Kollam, in due course. She submitted that she

is not doing so immediately, only because there are certain

proceedings pending therein, including an Advocate Commissioner

having been appointed, and hence that she chooses to seek its

transfer after the same is over. She thus prays that this Transfer

Petition be allowed.

TR.P.(C).No. 580 of 2023

3. In response, the learned counsel for the respondent,

submitted that his client is represented by his mother, who is a

senior citizen, who will find it difficult to travel to the Family Court,

Kollam, to prosecute the afore Original Petition if this Transfer

Petition is allowed. He then added that the petitioner's attempt, to

transfer this original petition to Kollam, is confutative because she

herself admits that the petition filed by her for return of money and

gold is still pending before the Family Court, Ernakulam. He thus

prayed that this transfer petition be dismissed.

4. When I consider and evaluate the afore rival submissions, it

is evident that the factum of the petitioner having been forced to

relocate herself to her parental home at Kollam is uncontested.

The only contention of the respondent against this Transfer Petition

is that she has already filed an Original Petition before the Family

Court, Ernakulam, which is still pending. However, as has already

been explained by the learned counsel for the petitioner, his client

is stated to be intending to seek its transfer also to the Family

Court, Kollam, in due course; and that she is awaiting certain

procedures in the Family Court, Ernakulam, to be completed,

particularly because an Advocate Commissioner has already been

appointed.

5. That said, the factum of the respondent being represented TR.P.(C).No. 580 of 2023

by a senior citizen - his mother, would be of no consequence at all

because, in the light of the technological advancements that we

have now made, the Power of Attorney holder can always seek to

represent the case through online platforms and does not have to

be present before the Court at all postings. In any event, when the

matter goes to trial, certainly, the respondent will have to appear in

person.

In the afore circumstances, this Transfer Petition is allowed;

and consequently, O.P.No.1216/2020 will stand transferred from

the Family Court, Ernakulam to the Family Court, Kollam.

Resultantly, the Original Petition, on transfer, will be

numbered appropriately and the parties notified of further

proceedings as per law.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm TR.P.(C).No. 580 of 2023

APPENDIX OF TR.P(C) 580/2023

PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE OP 1216 OF 2020,FILED BEFORE FAMILY COURT,ERNAKULAM DATED 27/12/2020 Annexure A2 A TRUE COPY OF THE PETITIONER'S ELECTION IDENTITY CARD