Kerala High Court
Bibuna Mathew vs Vibin Vinod on 22 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:79204
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
TR.P(CRL.) NO. 45 OF 2024
MC NO.39 OF 2023 OF FAMILY COURT, THIRUVALLA
PETITIONERS:
1 BIBUNA MATHEW, AGED 33 YEARS
D/O. T.M. MATHEW, THEKKEKOLAYIL VEEDU,
KUNNAMTHANAM P.O., THIRUVALLA, PIN - 689581
2 MINOR SHINE VIBIN, AGED 8 YEARS
S/O. VIBIN VINOD & BIBUNA MATHEW,
PRESENTLY RESIDING WITH HIS MOTHER BIBUNA MATHEW,
THEKKEKOLAYIL VEEDU, KUNNAMTHANAM P.O.,
THIRUVALLA,
REPRESENTED BY HIS MOTHER., PIN - 689581
3 MINOR SHINY VIBIN, AGED 3 YEARS
D/O. VIBIN VINOD & BIBUNA MATHEW,
PRESENTLY RESIDING WITH HER MOTHER BIBUNA MATHEW,
THEKKEKOLAYIL VEEDU, KUNNAMTHANAM P.O.,
THIRUVALLA,
REPRESENTED BY HER MOTHER., PIN - 689581
BY ADVS.
M.R.VENUGOPAL
DHANYA P.ASHOKAN (SR.)
S. MUHAMMAD ALIKHAN
ANJANA S. RAJ,
TR.P(CRL.) NO. 45 OF 2024 2
2024:KER:79204
RESPONDENTS:
VIBIN VINOD, AGED 44 YEARS
S/O. VINOD KUMAR, ABI VILLA, TC 27/453, AKG ROAD,
KUNNUKUZHI, TRA - 188, VANCHIYOOR P.O.,
THIRUVANANTHAPURAM, PIN - 695635
BY ADV. SRI. NOUSHAD K. A. (PP)
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
TR.P(CRL.) NO. 45 OF 2024 3
2024:KER:79204
BECHU KURIAN THOMAS, J
---------------------------------------------
Tr.P(Crl.).No.45 of 2024
----------------------------------------------------
Dated this the 22nd day of October, 2024
JUDGMENT
Petitioners seek transfer of M.C No.39/2023 pending before the
Family Court, Thiruvalla to the Family Court, Thiruvananthapuram.
2. According to first petitioner, though they were initially
residing at Thiruvalla, the first petitioner is presently employed at
Thiruvananthapuram and hence, it would be more convenient for her to
participate in the proceedings if the case is transferred to
Thiruvananthapuram.
3. Notice to the respondent was sent by e-mail as permitted by
this Court and a memo to that effect has been filed indicating that notice
through e-mail was sent to [email protected] and
[email protected]. Petitioner has also served notice of this
transfer petitioner to the counsel appearing for the respondent in the
trial Court. Despite, the above steps, none appears for the respondent.
4. I have heard Smt. Anjana S. Raj the learned counsel
appearing for the petitioners. It was submitted by the said counsel that
the permanent residence of the respondent is at Thiruvananthapuram
and therefore, it would be conducive for all to have the matter
transferred to Thiruvananthapuram and contested there.
2024:KER:79204
5. Having regard to the above circumstances, I am satisfied
that, there are sufficient causes existing to order transfer of the
aforesaid case to the Family Court, Thiruvananthapuram.
6. Accordingly, M.C No.39/2023 on the files of the Family
Court, Thiruvalla shall stand transferred to the Family Court,
Thiruvananthapuram. The Court at Thiruvalla shall transmit records of
the above case forthwith to the Family Court, Thiruvananthapuram.
The Tr.P(Crl.) is allowed with the above directions.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:79204
APPENDIX OF TR.P(CRL.) 45/2024
PETITIONER ANNEXURES
Annexure I TRUE COPY OF THE MC 39/2023 DATED
13/04/2023 BEFORE THE FAMILY COURT,
THIRUVALLA
Annexure II TRUE COPY OF OP 952/2023 DATED 06/05/2023
BEFORE THE FAMILY COURT,
THIRUVANANTHAPURAM
