Sornu.R vs Anilkumar.M.R
2024 Latest Caselaw 32600 Ker

Kerala High Court

Sornu.R vs Anilkumar.M.R on 11 November, 2024

Tr.P(C).No.636 of 2024                1



                                                         2024:KER:83937

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

 MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946

                         TR.P(C) NO. 636 OF 2024

       AGAINST THE ORDER/JUDGMENT DATED IN OP NO.1028 OF 2021

OF FAMILY COURT, PATHANAMTHITTA

PETITIONER/RESPONDENT:

             SORNU.R
             AGED 36 YEARS
             W/O.ANILKUMAR, VELIYIL VEEDU, MUNDAKKAL, MUNDAKKAL
             VILLAGE, KOLLAM -, PIN - 691001


             BY ADVS.
             PRATHEESH.P
             ANJANA KANNATH
             MARIYA JOSE


RESPONDENT/RESPONDENT:

             ANILKUMAR.M.R
             AGED 43 YEARS
             S/O.RAJAPPAN CHETTIYAR, MANGALATHU HOUSE,
             PRAKKANAM P.O, CHENNERKKARA VILLAGE, KOZHENCHERRY
             TALUK, PATHANAMTHITTA -, PIN - 689643


             BY ADVS.
             K.SHAJ
             ARUN CHAND(K/000860/2016)
             BHARAT VIJAY P.(K/000976/2018)
             MINU VITTORRIA PAULSON(K/739/2020)


      THIS    TRANSFER     PETITION   (CIVIL)   HAVING    BEEN   FINALLY
HEARD ON 11.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Tr.P(C).No.636 of 2024                 2



                                                                2024:KER:83937

                   VIJU ABRAHAM, J.
                 --------------------
                Tr.P(C).No.636 of 2024
           --------------------------------
       Dated this the 11th day of November, 2024

                                    ORDER

The above transfer petition is filed seeking

transfer of OP No.1028 of 2021 pending before the

Family Court, Pathanamthitta to the Family Court,

Kollam, a petition filed by the respondent seeking

dissolution of marriage.

2. It is contended that the petitioner is

residing in Kollam and she is finding it difficult

to attend the court proceedings at Pathanamthitta.

In the said circumstances, the present transfer

petition is filed.

3. Taking into consideration the fact that

the original petition is of the year 2021, I have

called for a report from the trial court concerned

regarding the present stage of the proceedings,

wherein it is reported that the evidence has

already been commenced in the case. Taking into

consideration the fact that the evidence has

2024:KER:83937

already started, I am of the view that it is not

in interest of both sides to transfer the case as

sought for.

Accordingly, the above transfer petition is

dismissed.

Sd/-

VIJU ABRAHAM,JUDGE

pm

2024:KER:83937

APPENDIX OF TR.P(C) 636/2024

PETITIONER'S ANNEXURES

Annexure A1 THE TRUE COPY OF THE OP NO.1028/2021 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, PATHANAMTHITTA DATED 15.9.2021

Annexure A2 THE TRUE COPY OF THE OBJECTION ALONG WITH AFFIDAVIT FILED BY THE PETITIONER IN OP NO.1028/2021 BEFORE THE FAMILY COURT, PATHANAMTHITTA DATED 19.8.2024

Annexure A3 THE TRUE COPY OF THE M.C NO.140/2023 FILED BY THE PETITIONER BEFORE JFMC-II, KOLLAM DATED 19.12.2023