Soorya Soman vs Sreelatha
2024 Latest Caselaw 15080 Ker

Kerala High Court

Soorya Soman vs Sreelatha on 4 June, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                   TR.P(C) NO. 170 OF 2022
     AGAINST THE ORDER/JUDGMENT IN OS NO.530 OF 2021 OF
                  MUNSIFF COURT, NEDUMANGAD
PETITIONER/DEFENDANT IN OS:

         SOORYA SOMAN,
         AGED 26 YEARS
         W/O. LATE SREEJITH,
         RESIDING AT VADUTHALA, PANAVILTHARA,
         PUTHENCHANTHA P.O, VADUTHALA, PIN 691 583,
         KOLLAM DISTRICT,
         PETITIONER BEING HEARING AND SPEECH IMPAIREDIS
         REPRESENTED BY NEXT FRIEND SOMAN, AGED 54 YEARS,
         S/O.LATE GOPALAKRISHNAN, PANAVILATHARAVEEDU,
         CHOLA MURI, PUTHENCHANTHA,
         P.O. PANMANA VILLAGE,
         KARUNAGAPALLY TALUK, KOLLAM DISTRICT.

         BY ADVS.
         V.PREMCHAND
         SURYA MOHAN P.
         SHAJI S.


RESPONDENTS/PLAINTIFFS IN OS:

    1    SREELATHA,
         AGED 51 YEARS
         W/O. SUDHARSHANAN, LATHA BHAVAN,
         BLOCK NO. 93 OF KOLLAYIL P.O,
         PERUNGAMALA VILLAGE-695 503
    2    SUDHARSHANAN,
         AGED 66 YEARS
         S/O. MADHAVAN, LATHA BHAVAN,
         BLOCK NO. 93 OF KOLLAYIL P.O,
         PERUNGAMALA VILLAGE, 695 503.

         BY ADV M.R.SASITH

     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Tr.P.(C) No. 170/2022

                                    ..2..




                               ORDER

This transfer petition has been filed to transfer O.S.No.530 of 2021

pending before the Munsiff Court, Nedumangad to the Family Court,

Chavara to try along with the connected cases pending between the

parties at the Family Court.

2. I have heard Sri.V.Premchand, the learned counsel appearing

for the petitioner as well as Sri.M.R.Sasith, the learned counsel appearing

for the respondents.

3. The Family Court has jurisdiction only to try the suit and

proceedings which are mentioned in Explanation to Section 7 of the

Family Courts Act. Now the suit is pending before the civil court. The

Family Court does not have any jurisdiction to try O.S.No.530 of 2021.

Hence, the transfer sought for cannot be allowed.

4. The learned counsel for the petitioner submitted that the

subject matter of the suit is one falling within Explanation (c) of Section

7 of the Family Courts Act and hence, the Family Court has jurisdiction

to try the suit. It is open to the petitioner to move before the Munsiff

..3..

Court, Nedumangad challenging the jurisdiction of that court and get it

transferred to the Family Court, Chavara.

The transfer petition is dismissed accordingly.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE APA

..4..

APPENDIX OF TR.P(C) 170/2022

PETITIONER ANNEXURES

ANNEXURE 1 TRUE COPY OF THE ORIGINAL SUIT NO. 530/2021 DATED NIL FILED BY THE RESPONDENTS BEFORE THE HON'BLE MUNSIFF COURT, NEDUMANGADU. ANNEXURE 2 TRUE COPY OF OP NO. 887/2021 DATED NIL FILED BY THE PETITIONER HEREIN BEFORE THE FAMILY COURT, CHAVARA.

ANNEXURE 3 TRUE COPY OF THE DISABILITY CERTIFICATE DATED 29.06.2012 ISSUED BY AA RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM.