Kerala High Court
Arya Krishnan vs Visakh on 31 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
TR.P(C) NO. 900 OF 2023
AGAINST THE ORDER/JUDGMENT IN OPHMA NO.916 OF 2018 OF FAMILY
COURT,KOLLAM
PETITIONER/PETITIONER:
ARYA KRISHNAN
AGED 31 YEARS, D/O.RADHAKRISHNAN,
ARAMAM VEEDU, CHATHANNOOR EARAM THEKKU CHERRY,
MEENAD VILLAGE, KOLLAM TALUK
THROUGH HER POWER OF ATTORNEY HOLDER
RADHAKRISHNAN NAIR, S/O.MADHAVAN PILLAI,
AGED 61 YEARS, ARAMAM, EARAM SOUTH,
CHATHANNOOR P.O, KOLLAM DISTRICT -, PIN - 691572
BY ADVS.
K.SIJU
ANJANA KANNATH
RESPONDENT/RESPONDENT:
VISAKH
AGED 32 YEARS, S/O.SREEKUMARAN NAIR,
PARADIZE S.R.A-50, SOUPARNIKA GARDENS,
NETHAJI ROAD, VATTIYOORKKAVU,
THIRUVANANTHAPURAM - 696013
FROM SREEVINAYAM, FORT, COURT ROAD,
NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT - PIN - 695121
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2024, ALONG WITH Tr.P(C).901/2023,
902/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C) Nos. 900, 901 and 902 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
TR.P(C) NO. 901 OF 2023
AGAINST THE ORDER/JUDGMENT IN OP(OTHERS) NO.173 OF 2023
OF FAMILY COURT, KOLLAM
PETITIONER/PETITIONER:
ARYA KRISHNAN
AGED 31 YEARS, D/O.RADHAKRISHNAN,
ARAMAM VEEDU, CHATHANNOOR EARAM THEKKU CHERRY,
MEENAD VILLAGE, KOLLAM TALUK
THROUGH HER POWER OF ATTORNEY HOLDER
RADHAKRISHNAN NAIR, S/O.MADHAVAN PILLAI,
AGED 61 YEARS, ARAMAM, EARAM SOUTH,
CHATHANNOOR P.O, KOLLAM DISTRICT -, PIN - 691572
BY ADVS.
K.SIJU
ANJANA KANNATH
RESPONDENTS/RESPONDENTS:
1 VISAKH
AGED 32 YEARS, S/O.SREEKUMARAN NAIR,
PARADIZE S.R.A-50, SOUPARNIKA GARDENS,
NETHAJI ROAD, VATTIYOORKKAVU,
THIRUVANANTHAPURAM - 696013 FROM SREEVINAYAM,
FORT, COURT ROAD, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT -, PIN - 695121
2 SREEKALA
AGED 58 YEARS, W/O.SREEKUMARAN NAIR,
PARADIZE S.R.A-50, SOUPARNIKA GARDENS,
NETHAJI ROAD, VATTIYOORKKAVU,
THIRUVANANTHAPURAM - 696013 FROM SREEVINAYAM,
FORT, COURT ROAD, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695121
Tr.P.(C) Nos. 900, 901 and 902 of 2023
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3 THANKAM
AGED 78 YEARS
PARADIZE S.R.A-50, SOUPARNIKA GARDENS,
NETHAJI ROAD, VATTIYOORKKAVU,
THIRUVANANTHAPURAM - 696013 FROM SREEVINAYAM,
FORT, COURT ROAD, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT -, PIN - 695121
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2024, ALONG WITH Tr.P(C).900/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Tr.P.(C) Nos. 900, 901 and 902 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
TR.P(C) NO. 902 OF 2023
AGAINST THE ORDER/JUDGMENT IN OPHMA NO.320 OF 2023 OF
FAMILY COURT, KOLLAM
PETITIONER/PETITIONER:
ARYA KRISHNAN
AGED 31 YEARS, D/O.RADHAKRISHNAN,
ARAMAM VEEDU, CHATHANNOOR EARAM THEKKU CHERRY,
MEENAD VILLAGE, KOLLAM TALUK
THROUGH HER POWER OF ATTORNEY HOLDER
RADHAKRISHNAN NAIR, S/O.MADHAVAN PILLAI,
AGED 61 YEARS, ARAMAM, EARAM SOUTH,
CHATHANNOOR P.O, KOLLAM DISTRICT -, PIN - 691572
BY ADVS.
K.SIJU
ANJANA KANNATH
RESPONDENT/RESPONDENT:
VISAKH
AGED 32 YEARS
S/O.SREEKUMARAN NAIR, PARADIZE S.R.A-50,
SOUPARNIKA GARDENS, NETHAJI ROAD,
VATTIYOORKKAVU, THIRUVANANTHAPURAM - 696013
FROM SREEVINAYAM, FORT, COURT ROAD,
NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT -, PIN - 695121
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2024, ALONG WITH Tr.P(C).900/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Tr.P.(C) Nos. 900, 901 and 902 of 2023
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ORDER
The petitioner in all these transfer petitions is the wife. The
respondent in Tr.P.C.Nos.900 & 902 of 2023 and 1st respondent in
Tr.P.C.No.901 of 2023 is the husband.
2. All these transfer petitions have been filed by the wife to
transfer three cases pending between the petitioner and the respondent at
the Family Court, Kollam as O.P.HMA No. 916/2018, O.P.(Others) No.
173/2023 and O.P.HMA No.320/2023 to the Family Court, Paravoor.
3. I have heard the learned counsel for the petitioner. There is
no appearance for the respondent in spite of the receipt of notice.
4. At the time of the institution of the above mentioned original
petitions, the Family Court, Paravoor was not constituted. It was
constituted subsequently. The petitioner is residing at Meenadu village,
which is just 5 kms away from the Family Court, Paravoor. It is settled
that while considering the transfer petitions involving family disputes, the
convenience of the wife has to be given predominance.
Considering all these facts, all these transfer petitions are allowed.
O.P.HMA No. 916/2018, O.P.(Others) No. 173/2023 and O.P.HMA
Tr.P.(C) Nos. 900, 901 and 902 of 2023
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No.320/2023 pending before the Family Court, Kollam are withdrawn
and transferred to the Family Court, Paravoor for trial and disposal.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
APA
Tr.P.(C) Nos. 900, 901 and 902 of 2023
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APPENDIX OF TR.P(C) 900/2023
PETITIONER ANNEXURES
ANNEXURE A1 THE COPY OF OP(HMA)916/2018 DATED
09.07.2018
ANNEXURE A2 THE COPY OF OP(OTHERS)173/2023 DATED
04.02.2019 NOW PENDING BEFORE THE FAMILY
COURT, KOLLAM
ANNEXURE A3 THE COPY OF ORDER DATED 09.01.2023 IN
TR.P(C)NO.678/2022 OF THIS HON'BLE COURT
ANNEXURE A4 THE COPY OF PETITION IN OP(HMA) 320/2023
DATED 14.05.2018 FILED BEFORE THE FAMILY
COURT, THIRUVANANTHAPURAM
ANNEXURE A5 THE COPY OF ORDER DATED 09.01.2023 IN
ANNEXURE A6 THE COPY OF IA 1/2023 IN OP(HMA) 916/2018
ON THE FILE OF FAMILY COURT, KOLLAM DATED
18.7.2023
Tr.P.(C) Nos. 900, 901 and 902 of 2023
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APPENDIX OF TR.P(C) 901/2023
PETITIONER ANNEXURES
ANNEXURE A1 THE COPY OF ORDER DATED 09.01.2023 IN
TR.P(C) NO.678/2022 PASSED BY THIS HON'BLE
COURT
ANNEXURE A2 THE COPY OF OP (OTHERS)NO.173/2023 ON THE
FILE OF FAMILY COURT, KOLLAM DATED
04.02.2019
ANNEXURE A3 THE COPY OF PETITION IN OP(HMA) NO.916/2018
ON THE FILE OF FAMILY COURT, KOLLAM DATED
9.7.2018
ANNEXURE A4 THE COPY OF OP NO.1134/2018 DATED 14.5.2018
ON THE FILE OF FAMILY COURT,
THIRUVANANTHAPURAM
ANNEXURE A5 THE COPY OF ORDER IN TR.P(C)NO.679/2022
DATED 09.01.2023 OF THIS HON'BLE COURT
ANNEXURE A6 THE COPY OF IA 1/2023 IN OP(HMA)
NO.916/2018 ON THE FILE OF FAMILY COURT,
KOLLAM DATED 18.7.2023
Tr.P.(C) Nos. 900, 901 and 902 of 2023
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APPENDIX OF TR.P(C) 902/2023
PETITIONER ANNEXURES
ANNEXURE A1 THE COPY OF OP(HMA) NO.320/2023 DATED
14.5.2018 FILED BEFORE THE FAMILY COURT,
THIRUVANANTHAPURAM
ANNEXURE A2 THE COPY OF ORDER DATED 9.1.2023 IN TR.P.
(C) NO.679/2022 OF THIS HON'BLE COURT
ANNEXURE A3 THE COPY OF OP(OTHERS)173/2023 DATED
04.02.2019 NOW PENDING BEFORE THE FAMILY
COURT, KOLLAM
ANNEXURE A4 THE COPY OF ORDER DATED 09.01.2023 IN
TR.P(C)NO.678/2022 OF THIS HON'BLE COURT
ANNEXURE A5 THE COPY OF PETITION IN OP(HMA) NO.916/2018
DATED 9.7.2018
ANNEXURE A6 THE COPY OF IA 1/2023 IN OP(HMA) 916/2018
ON THE FILE OF FAMILY COURT, KOLLAM DATED
18.7.2023
