Priyanka M.R vs Prasanthkumar P
2023 Latest Caselaw 11314 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
 FRIDAY, THE 27TH DAY OF OCTOBER 2023/5TH KARTHIKA, 1945
                   TR.P(C) NO.630 OF 2023
 FOR TRANSFERRING OF OP(GW)No.213/2022 ON THE FILE OF THE
   FAMILY COURT, KOTTARAKKARA, KOLLAM DISTRICT TO FAMILY
            COURT, ETTUMANOOR, KOTTAYAM DISTRICT
PETITIONER/1ST RESPONDENT:

            PRIYANKA M.R, AGED 35 YEARS, W/O.PRASANTHKUMAR,
            PRAVEEN NIVAS, VILLOOR, VETTIKKAVALA P.O,
            MELILA VILLAGE, KOTTARAKKARA TALUK,
            KOLLAM-691508.
            PRESENTLY RESIDING AT- FLAT NO. B1,
            PRIYA APARTMENT, P.D HILLS, ATHIRAMPUZHA P.O,
            KOTTAYAM, PIN - 686562.

            BY ADVS.
            VISHNU BHUVANENDRAN
            B.ANUSREE
            VARUN JACOB
            ABHILASH C.V.


RESPONDENTS/PETITIONER AND RESPONDENTS 2 AND 3:

    1       PRASANTHKUMAR.P, AGED 40 YEARS,
            S/O.PRABHAKARAN NAIR, PATTUKARAN VEEDU,
            ARINALLOOR P.O, THEVALAKKARA VILLAGE,
            KARUNAGAPPALLY TALUK, KOLLAM, PIN - 690524.

    2       MADHAVI, AGED 63 YEARS, W/O.RAVEENDRAN PILLAI,
            PRAVEEN NIVAS, VILLOOR, VETTIKKAVALA P.O,
            MELILA VILLAGE, KOTTARAKKARA TALUK,
            KOLLAM, PIN - 691508.

    3       RAVEENDRAN PILLAI, AGED 66 YEARS,
            PRAVEEN NIVAS, VILLOOR, VETTIKKAVALA P.O,
            MELILA VILLAGE, KOTTARAKKARA TALUK,
            KOLLAM, PIN - 691508.

            BY ADV.DEVAKUMAR R.T.
        THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION    ON   27.10.2023,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 Tr.P(C) No.630 of 2023
                              - 2 -

                         O R D E R

Dated, this the 27th October, 2023

The petitioner/wife seeks transfer of O.P (G&W)

No.213/2022 on the file of Family Court,

Kottarakkara to Family Court, Ettumanoor. The

transfer is premised on the convenience of the

petitioner/wife.

2. Heard the learned counsel for the petitioner

and the learned counsel for respondents 2 and 3,

who are the parents of petitioner. The contesting

respondent, the 1st respondent husband is served,

but there is no appearance.

3. 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 emphasis that convenience of the

wife is a matter to be looked into, while

considering in transfer motions being made in

matrimonial disputes.

Tr.P(C) No.630 of 2023

- 3 -

4. Having heard the learned counsel appearing on

both sides and having considered the attendant

facts and circumstances, this Transfer Petition

is allowed. Accordingly, O.P.(G&W) No.213/23

pending before the Family Court, Kottarakkara is

directed to be transferred to the Family Court,

Ettumanoor. The transferor court shall transmit

all records to the transferee court, forthwith.

Sd/-

C.JAYACHANDRAN, JUDGE

ww Tr.P(C) No.630 of 2023

- 4 -

APPENDIX OF TR.P(C) 630/2023

PETITIONER'S ANNEXURES:

ANNEXURE-I TRUE COPY OF THE O.P(G&W) NO.213/2022 PENDING BEFORE THE FAMILY COURT, KOTTARAKKARA.