Kerala High Court
Prince Thomas vs Steffy Shaji on 7 June, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
TR.P(C) NO. 92 OF 2024
AGAINST THE ORDER/JUDGMENT IN OP NO.1017 OF 2023 OF
FAMILY COURT, PATHANAMTHITTA
PETITIONERS/RESPONDENTS 2 AND 3:
1 PRINCE THOMAS
AGED 62 YEARS, S/O. T G THOMAS,
TC 18/774 (3), KOTTATHOOR HOUSE,
ARCON ENCLAVE, ARCON APARTMENTS FLAT NO. 2C,
KAWDIAR, THIRUVANANTHAPURAM, PIN - 695003
2 ANITHA PRINCE
AGED 53 YEARS, W/O. PRINCE THOMAS,
TC 18/774 (3), KOTTATHOOR HOUSE,
ARCON ENCLAVE, ARCON APARTMENTS FLAT NO. 2C,
KAWDIAR, THIRUVANANTHAPURAM, PIN - 695003
BY ADV V.A.VINOD
RESPONDENTS/PETITIONER AND 1ST RESPONDENT:
1 STEFFY SHAJI
AGED 26 YEARS, D/O. SHAJI ARUVIKKUZHIYIL,
AARUVIKKUZHIYIL HOUSE,
KUDAMUTTY P.O., NARANAMMOOZHY,
PATHANAMTHITTA DISTRICT, PIN - 679711
2 KEVIN THOMAS PRINCE
AGED 27 YEARS, S/O. PRINCE THOMAS,
TC 18/774 (3), KOTTATHOOR HOUSE,
ARCON ENCLAVE, ARCON APARTMENTS FLAT NO. 2C,
KAWDIAR, THIRUVANANTHAPURAM, PIN - 695003
BY ADVS.
V PHILIP MATHEWS
SEBA ANNA SIMON(K/004170/2023)
ABY SKARIA(K/437/2023)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.06.2024, ALONG WITH Tr.P(C).306/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C) Nos. 92 & 306 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
TR.P(C) NO. 306 OF 2024
AGAINST THE ORDER/JUDGMENT IN OP(DIV) NO.104 OF 2023
OF FAMILY COURT,THIRUVANANTHAPURAM
PETITIONER/RESPONDENT:
STEFFY SHAJI
AGED 26 YEARS
NOW RESIDING AT 203, FLOOR 2 COMMITBIZ,
MANAGEMENT CONSULTANTS,
AL ZUBARA TOWER, AL SALEM STREET,
ABUDHABI, U.A.E
REPRESENTED BY POWER OF ATTORNEY HOLDER
MARYKUTTY SHAJI,
AGED 56 YEARS, W/O SHAJI A.V ARUVIKKUZHIYIL
HOUSE,KUDAMURUTTY P.O,
ATHIKKAYAM VILLAGE, RANNI TALUK,
PATHANAMTHITTA DISTRICT, PIN - 679711
BY ADVS.
V.PHILIP MATHEWS
SEBA ANNA SIMON
RESPONDENT/PETITIONER:
KEVIN THOMAS PRINCE
AGED 31 YEARS
S/O SRI. PRINCE THOMAS,
T.C 18/774(3), ARCON ENCLAVE,
ARCON APARTMENTS FLAT NO 2C, KAWADIAR P.O
THRUVANANTHAPURAM, PIN - 695003
BY ADV V.A.VINOD
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.06.2024, ALONG WITH Tr.P(C).92/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C) Nos. 92 & 306 of 2024
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ORDER
Both these transfer petitions are connected. Tr.P.(C) No.92/2024
has been filed to transfer O.P.No.1017/2023 pending on the file of Family
Court, Pathanamthitta to the Family Court, Thiruvananthapuram. Tr.P.(C)
No.306/2024 has been filed to transfer O.P.(Div) No.104/2023 pending
on the file of Family Court, Thiruvananthapuram to the Family Court,
Pathanamthitta.
2. I have heard both sides.
3. O.P.(Div) No.104/2023 has been filed by the husband
against the wife. Both the husband and wife are working at abroad. In
O.P.No.1017/2023, wife is represented by her mother, power of attorney
holder. O.P.No.1017/2023 has been filed by the wife for return of gold
ornaments against husband and his parents. The husband is represented
by his father. It is submitted that the parents of the husband are aged 62
and 53 respectively and the mother of the wife is aged 56. Both transfers
have been sought on the ground of convenience of the parties.
Considering all the facts and circumstances stated above, I am of the
view that, both cases can be transferred to the Family Court, Kottarakkara
so that both parties need to travel around 60 kms only from their
respective places of residence. The Family Court, Kottarakkara is situated
Tr.P.(C) Nos. 92 & 306 of 2024
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in between the Family Court, Pathanamthitta and Family Court,
Thiruvananthapuram.
Hence, O.P.No.1017/2023 pending on the file of Family Court,
Pathanamthitta and O.P.(Div) No.104/2023 pending on the file of
Family Court, Thiruvananthapuram are withdrawn and transferred to the
Family Court, Kottarakkara for trial and disposal.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
APA
Tr.P.(C) Nos. 92 & 306 of 2024
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APPENDIX OF TR.P(C) 92/2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE OP NO. 104/2023 FILED BY
THE 2ND RESPONDENT BEFORE THE HON'BLE
FAMILY COURT THIRUVANANTHAPURAM
ANNEXURE A2 TRUE COPY OF THE NOTICE RECEIVED BY THE
1ST PETITIONER DATED 8.12.2023
ANNEXURE A3 TRUE COPY OF THE NOTICE RECEIVED BY THE
2ND PETITIONER DATED 8.12.2023
Tr.P.(C) Nos. 92 & 306 of 2024
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APPENDIX OF TR.P(C) 306/2024
PETITIONER ANNEXURES
ANNEXURE 1 COPY OF O.P(DIV) NO 104/2023 FILED BEFORE
THE HONOURABLE FAMILY COURT
THIRUVANANTHAPURAM
ANNEXURE 2 COPY OF O.P. NO. 1017/2023 FILED BY THE
PETITIONER BEFORE THE HONOURABLE FAMILY
COURT, PATHANAMTHITTA
