Kerala High Court
Dr. Lakshmi Gopakumar vs Dr. Anand Shriram on 27 March, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
TR.P(C) NO. 101 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.1573 OF 2023 OF
FAMILY COURT, KUNNAMKULAM
PETITIONER/PETITIONER:
1 DR. LAKSHMI GOPAKUMAR
AGED 33 YEARS, LAKSHMIPRIYA,
OLD THIRUMULA WARD, MULLAKKAL,
ALAPPUZHA, PRESENTLY
RESIDING AT VAISAKHAM,
VADUTHALA, ERNAKULAM, KOCHI, PIN - 682023
2 MINOR NIKSHITHA LAKSHMI ANAND
AGED 5 YEARS, LAKSHMIPRIYA,
OLD THIRUMULA WARD, MULLAKKAL,
ALAPPUZHA, PRESENTLY
RESIDING AT VAISAKHAM, VADUTHALA,
ERNAKULAM, KOCHI
REPRESENTED BY HER MOTHER AND GUARDIAN
DR. LAKSHMI GOPAKUMAR, PIN - 682023
BY ADVS.
A.BALAGOPALAN
A.RAJAGOPALAN
M.N.MANMADAN
M.S.IMTHIYAZ AHAMMED
P.SEENA
VISWANATH SALISH
A.R. AMAL
RESPONDENT/RESPONDENT:
DR. ANAND SHRIRAM
AGED 35 YEARS
KRISHNAPRIYA, HOUSE NO. 122A/12,
KENDRIYA VIDYALAYA ROAD, PURANATTUKARA,
THRISSUR, PIN - 680551
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Tr.P.(C) No. 101/2024
..2..
ORDER
This Transfer Petition has been filed to transfer O.P.No.1573/2023
pending before the Family Court, Kunnamkulam and O.P.No.370/2020
and M.C.No.575/2020 pending before the Family Court, Thrissur to the
Family Court, Ernakulam.
2. I have heard the counsel for the petitioners. There is no
appearance for the respondent.
3. The 1st petitioner is the wife of the respondent and the 2nd
petitioner is the child (aged 5 years) of the 1 st petitioner and the
respondent. The matrimonial dispute is pending between them. The 1 st
petitioner is a native of Alappuzha and the respondent is a native of
Thrissur. The marriage was also solemnized at Thrissur. It was under
these circumstances, all the cases were filed at Thrissur. According to the
1st petitioner, now she is undergoing Post Graduate study at Ernakulam
and she along with the 2 nd petitioner are residing at Ernakulam. The
respondent did not appear and dispute the same. It is settled that while
considering the transfer petition in family matters, the convenience of the
wife has to be given predominance.
Considering all these aspects, this transfer petition is allowed.
..3..
O.P.No.1573/2023 pending before the Family Court, Kunnamkulam and
O.P.No.370/2020 and M.C.No.575/2020 pending before the Family
Court, Thrissur are transferred to Family Court, Ernakulam for trial and
disposal.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
..4..
APPENDIX OF TR.P(C) 101/2024
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF O.P. NO. 1970 OF 2019 FILED
BEFORE FAMILY COURT THRISSUR DATED
22.09.2019 AND SUBSEQUENTLY RENUMBERED AS
O.P. NO. 1573 OF 2023 IN THE FILE FAMILY
COURT, KUNNAMKULAM
ANNEXURE A2 THE TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT IN O.P. NO. 1970 OF 2019
(RENUMBERED AS O.P. NO. 1573 OF 2023) DATED
13.03.2021
ANNEXURE A3 THE TRUE COPY OF THE PETITION IN O.P. NO.
370 OF 2020 DATED 22.02.2020
ANNEXURE A4 TRUE COPY OF THE OBJECTION FILED BY THE 1ST
PETITIONER IN ANNEXURE A3 PETITION DATED
17.11.2020
ANNEXURE A5 TRUE COPY OF THE PETITION IN M.C. NO. 575 OF
2020 BEFORE THE FAMILY COURT, THRISSUR DATED
17.11.2020
ANNEXURE A6 TRUE COPY OF OBJECTION DATED 02.02.2023
FILED BY THE RESPONDENT IN M.C. NO. 575 OF
