Kerala High Court
Sankarankutty M S vs Darsana I V on 27 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Tr..P.(Crl.).Nos.24 & 200 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF JUNE 2025 / 6TH ASHADHA, 1947
TR.P(CRL.) NO. 24 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.84 OF 2024
OF FAMILY COURT,THIRUVANANTHAPURAM
PETITIONER(S)/RESPONDENT:
SANKARANKUTTY M S
AGED 42 YEARS
S/O. K SASIDHARAKURUP, RESIDING AT
SANKARAMANGALAM, MANVILA, KULATHOOR P.O, ATTIPRA
VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695583
BY ADV. SRI.T.U.SUJITH KUMAR
RESPONDENT(S)/PETITIONERS & STATE:
1 DARSANA I V
AGED 35 YEARS
W/O. SANKARANKUTTY M S, RESIDING AT VISWENDRAM,
NO. 9/1897, KARIYAM, SREEKARIYAM P.O, ULLOOR
VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695017
2 BHADRA D S (MINOR)
AGED 14 YEARS
D/O. SANKARANKUTTY M S, RESIDING AT VISWENDRAM,
NO. 9/1897, KARIYAM, SREEKARIYAM P.O, ULLOOR
VILLAGE, THIRUVANANTHAPURAM DISTRICT,
REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN,
1ST RESPONDENT, DARSANA I V, PIN - 695017
3 STATE OF KERALA
Tr..P.(Crl.).Nos.24 & 200 of 2025
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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM DISTRICT, PIN - 682031
BY ADVS.
SRI.N.ANAND
SHRI.RAJESH O.N.
SHRI.AMEER SALIM
SHRI.ROY ANTONY
SR PP SMT SEETHA S
THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 27.06.2025, ALONG WITH Tr.P(C).200/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr..P.(Crl.).Nos.24 & 200 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF JUNE 2025 / 6TH ASHADHA, 1947
TR.P(C) NO. 200 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.667 OF
2024 OF FAMILY COURT,THIRUVANANTHAPURAM
PETITIONER(S)/RESPONDENT:
SANKARANKUTTY M S
AGED 42 YEARS
S/O. K SASIDHARAKURUP, RESIDING AT
SANKARAMANGALAM, MANVILA, KULATHOOR P.O, ATTIPRA
VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695583
BY ADV. SRI.T.U.SUJITH KUMAR
RESPONDENT(S)/PETITIONER:
DARSANA I V
AGED 35 YEARS
W/O. SANKARANKUTTY M S, RESIDING AT VISWENDRAM,
NO. 9/1897, KARIYAM, SREEKARIYAM P.O, ULLOOR
VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695017
BY ADVS.
SRI.N.ANAND
SHRI.RAJESH O.N.
SHRI.AMEER SALIM
SHRI.ROY ANTONY
Tr..P.(Crl.).Nos.24 & 200 of 2025
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2025:KER:47097
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2025, ALONG WITH Tr.P(Crl.).24/2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr..P.(Crl.).Nos.24 & 200 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
Tr.P.(Crl.) Nos.24 & 200 of 2025
-------------------------------
Dated this the 27th day of June, 2025
ORDER
These Transfer Petitions (Crl.) are connected and
therefore I am disposing of these cases by a common
order.
2. The petitioner and the party respondents
are the same in these cases. Petitioner in these cases is a
lawyer practicing at Thiruvananthapuram district. The
party respondents in these cases are the wife and child of
the petitioner. The wife filed O.P. No.667/2024 before the
Family Court, Thiruvananthapuram for return of gold
ornaments. M.C. No.84/2024 is filed by the wife and child
for future maintenance under Section 125 Cr.P.C. The
petitioner wants to transfer the above case to the Family
Court, Neyyattinkara. The reason mentioned is that the
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petitioner is a lawyer practicing regularly at the
Thiruvananthapuram courts. Hence these Transfer
Petitions (Crl.) are filed.
3. Heard the learned counsel appearing for
the petitioner, the learned counsel appearing for
respondents 1 and 2 and the learned Public Prosecutor.
4. Admittedly, the case pending before the
Family Court, Thiruvananthapuram is not a criminal case.
It is a matrimonial dispute. Therefore, the petitioner, even
though a lawyer, need not be shy to appear before a Family
Court, unlike in a criminal court. But, I make it clear that
the Family Court, Thiruvananthapuram shall not insist on
the presence of the petitioner unless it is inevitable. I
think the ground for transferring the case need not be
entertained in the peculiar facts and circumstances of these
cases because admittedly, the wife and child are residing at
Thiruvananthapuram. This Court cannot direct the wife
and child to go to Neyyattinkara to get maintenance from
the petitioner. I think these Transfer Petitions need not be
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entertained.
Therefore, these Transfer Petitions (Crl.) are
dismissed with an observation that the Family Court,
Thiruvananthapuram shall not insist on the personal
appearance of the petitioner unless his presence is
inevitable.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
Tr..P.(Crl.).Nos.24 & 200 of 2025
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APPENDIX OF TR.P(C) 200/2025
PETITIONER ANNEXURES
ANNEXURE-A1 A TRUE COPY OF THE ORIGINAL PETITION
NO. 667/2024 ON THE FILE OF FAMILY
COURT, THIRUVANANTHAPURAM DATED
25.03.2024.
RESPONDENT ANNEXURES
ANNEUXRE R1 (A) A TRUE COPY OF THE STATUS REPORT OP NO.
667/2024 ON THE FILES OF THE FAMILY
COURT, THIRUVANANTHAPURAM
ANNEUXRE R1 (B) A TRUE COPY OF THE DISTANCE MAP FROM
THE RESPONDENT'S RESIDENCE AT KARIYAM
TO FAMILY COURT THIRUVANANTHAPURAM
Tr..P.(Crl.).Nos.24 & 200 of 2025
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APPENDIX OF TR.P(CRL.) 24/2025
PETITIONER ANNEXURES
ANNEXURE-A1 A TRUE COPY OF THE M.C NO. 84/2024 ON
THE FILE OF FAMILY COURT,
THIRUVANANTHAPURAM DATED 15.04.2024.
RESPONDENT ANNEXURES
ANNEUXRE R1 (A) A TRUE COPY OF THE STATUS REPORT MC NO.
100084/2024 ON THE FILES OF THE FAMILY
COURT, THIRUVANANTHAPURAM
ANNEUXRE R1 (B) A TRUE COPY OF THE DISTANCE MAP FROM
THE RESPONDENT'S RESIDENCE AT KARIYAM
TO FAMILY COURT THIRUVANANTHAPURAM
