Kerala High Court
Sruthi P Pillai vs Renjith A on 13 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
TR.P(C) NO. 342 OF 2023
AGAINST THE ORDER IN OP 1119/2021 OF FAMILY COURT, ALAPPUZHA
PETITIONER/RESPONDENT:
SRUTHI P PILLAI, AGED 33 YEARS
D/O. MADHUSOODANAN PILLAI, THEKKEDATHU HOUSE,
AMICHAKARI, CHAMPAKULAM VILLAGE, NEDUMUDY,
ALAPPUZHA DISTRICT, PIN - 688505
BY ADVS.
N.M.MADHU
C.S.RAJANI
RESPONDENT/PETITIONER:
RENJITH A., S/O. ARAVINDAKSHAN NAIR,
NAIPPALLIL VEEDU, KARUMADY P.O., KARUMADY VILLAGE,
AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT-688561,
REP. BY HIS FATHER AND THE POWER OF ATTORNEY HOLDER
ARAVINDAKSHAN NAIR, S/O. KESAVAN, AGED 66 YEARS,
NAIPPALLIL VEEDU, KARUMADY P.O., KARUMADY VILLAGE,
AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT, PIN - 688561
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
TrP(C)342/23
2
O R D E R
The petitioner seeks that O.P.No.1119/2021, on the files of the
Family Court, Alappuzha, be transferred to that at Kozhikode, as she
is residing within the jurisdiction of the latter, along with her minor
child. She says that the afore Original Petition was filed by her
husband - the respondent, seeking guardianship of the child; but that
it is extremely difficult for her to travel to Alappuzha to attend
hearings, since her child would be left without proper care; and
therefore, that she has been constrained to seek transfer of the case
to the Family Court, Kozhikode.
2. Sri.N.M.Madhu - learned counsel for the petitioner,
further explained that the address of his client shown in the cause
title of this Transfer Petition is that of her father; but that she has
been remarried, consequent to having obtained divorce from the
respondent and is now residing at Kozhikode, with her present
husband.
3. The files reveal that even though summons has been
validly served on the respondent, he has chosen not to be present in
person, or to be represented through counsel; thus inferentially
TrP(C)342/23
guiding me to the impression that he has nothing to offer in answer
to the allegations and assertions made and urged in this petition.
4. When I examine the pleadings on record, it is indubitable
that the petitioner is presently residing at Kozhikode with her minor
child and certainly, it would cause her great inconvenience to travel
to Alappuzha to attend hearings in the Original Petition. Obviously,
therefore, this Court is obligated to come to her aid, going by the
various judgments of the Honourable Supreme Court.
In the afore circumstances and since this Transfer Petition is
not opposed, I allow it; and consequently, O.P.No.1119/2021 will
stand transferred from the Family Court, Alappuzha to the Family
Court, Kozhikode.
Resultantly, the Original Petition, on transfer, will be numbered
appropriately and the parties notified of further proceedings as per
law.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
TrP(C)342/23
APPENDIX OF TR.P(C) 342/2023
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE COMPROMISE DECREE DATED
18.10.2019 IN O.P (OTHERS) NO.937/2017 ON
THE FILES OF THE FAMILY COURT, ALAPPUZHA
Annexure B TRUE COPY OF THE CERTIFICATE OF MARRIAGE
DATED 27.06.2022 ISSUED BY GURUVAYOOR
MUNICIPALITY
Annexure C TRUE COPY OF THE BIRTH CERTIFICATE DATED
10.05.2023 ISSUED BY KOZHIKODE CORPORATION
Annexure D TRUE COPY OF THE FEE RECEIPT DATED
17.05.2023 ISSUED BY J.D.T. ISLAM NEW HOPE
ENGLISH SCHOOL (CBSE), KOZHIKODE
Annexure E TRUE COPY OF THE PETITION IN O.P.
NO.1119/2021 ON THE FILES OF THE FAMILY
COURT, ALAPPUZHA
