Krishna Joy vs Vishnu.B
2023 Latest Caselaw 10216 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
       THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA,
                                1945
                    TR.P(C) NO. 164 OF 2023
AGAINST THE ORDER/JUDGMENT OPGW 101/2023 OF FAMILY COURT,
                          NEDUMANGAD
PETITIONER/1ST RESPONDENT:

            KRISHNA JOY
            AGED 30 YEARS
            D/O.SUDHAMANI, TC 27/1840/1, HAVEN, RAJEEV
            NAGAR, NEAR CSI CHURCH, THYCAUD.P.O.,
            VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
            BY ADVS.
            SUMAN CHAKRAVARTHY
            A.S.ANILKUMAR
            K.R.RIJA
            RAHUL S.NATH


RESPONDENTS/PETITIONER & 2ND RESPONDENT:

   1     VISHNU.B
         AGED 34 YEARS
         S/O BALAKRISHNA PILLA, VAIKUNTAM, NEAR GOVT.
         HOSPITAL, UZHAMALAKKAL, PUTHUKULANGARA.P.O.,
         UZHAMALAKKAL THIRUVANANTHAPURAM, PIN - 695541
   2     JOY.T
         TC 27/1840/1, HAVEN, RAJEEV NAGAR, NEAR CSI
         CHURCH, THYCAUD.P.O., VAZHUTHACAUD,
         THIRUVANANTHAPURAM, PIN - 695014
THIS   TRANSFER    PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   21.09.2023,    THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 TrPC 164/23
                                ..2..



                          JUDGMENT

The petitioner seeks that O.P.(G&W)No.101/2023 before

the Family Court, Nedumangad, be transferred to the Family

Court, Thiruvananthapuram.

2. The petitioner submits that the afore Original

Petition has been filed by her husband - 1 st respondent, with

respect to their minor child, who is now studying in the 2 nd

Standard at a School in Thiruvananthapuram. She says that on

account of the matrimonial disputes between her and the 1 st

respondent, she has been now constrained to live with her

parents at Thiruvananthapuram; and therefore, that

continuance of the afore Original Petition before the Family

Court, Nedumangad, causes severe prejudice to her, as also

the minor child. She says that, in any event, the respondents

cannot have any objection because, they are also living at

Thiruvananthapuram.

3. I notice from the files that though service of

summons to the respondents have been completed, they are

neither present in person nor represented through counsel;

thus inferentially guiding me to the impression that they have TrPC 164/23 ..3..

nothing contrary to submit.

4. The pleadings on record and the submissions of the

learned counsel for the petitioner - Smt.K.R.Rija, render it

indubitable - as is also unopposed - that the petitioner would

be severely inconvenienced if she is to defend the afore

Original Petition at the Family Court, Nedumangad, particularly,

because she is in charge of her minor child. I am, therefore,

without doubt that this Transfer Petition is deserving of being

allowed.

In the afore circumstances, this Transfer Petition is

allowed and OP(G&W)No.101/2023 will stand transferred from

the Family Court, Nedumangad, to the Family Court,

Thriuvananthapuram.

Resultantly, the Original Petition, on transfer, will be

numbered appropriately and the parties notified of further

proceedings as per law.

Sd/-

DEVAN RAMACHANDRAN, JUDGE ACR TrPC 164/23 ..4..

APPENDIX OF TR.P(C) 164/2023

PETITIONER ANNEXURES Annexure-1 A TRUE COPY OF THE PETITION IN O.P(G&W) NO.101/2023 ON THE FILES OF FAMILY COURT, NEDUMANGAD Annexure-2 A TRUE COPY OF JUDGMENT DATED 20.09.2022 IN OP NO.1087/2022 BY THE FAMILY COURT, NEDUMANGAD Annexure-3 A TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PARTIES DATED 13.09.2022 Annexure-4 A TRUE COPY OF THE IDENTITY CARD OF AADIKESH Annexure-5 A TRUE COPY OF THE AADHAR CARD OF THE PETITIONER