Kerala High Court
Sajini vs Joy on 7 October, 2016
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 7TH DAYOF OCTOBER 2016/15TH ASWINA, 1938
Tr.P(C).No. 19 of 2016 ()
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TO TRANSFER O.P. NO. 1271/2015 OF FAMILY COURT, ATTINGAL TO
FAMILY COURT, KOLLAM.
......
PETITIONER:
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SAJINI, AGED 39 YEARS,
DAUGHTER OF SAROJAM, RESIDING AT N.S. VILLA,
UNNINMMODU, ELAKAMON DESOM, AYIROOR VILLAGE,
CHIRAYANKIZHU TALUK, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.JOHNSON GOMEZ,
SRI.ANIL ELGIN,
SRI.S.BIJU (KIZHAKKANELA),
SMT.SHEENAMOL VARGHESE.
RESPONDENTS:
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1. JOY, AGED 39 YEARS,
S/O.THULASEEDHARAN, RESIDING T T.K. MANDIRAM,
PUTHENKULAM P.O, KARIBALOOR,
PARIPPALLY VILLAGE, KOLLAM TALUK,
KOLLAM DISTRICT.
2. OMANA,
WIFE OF THULASEEDHARAN,RESIDING T T.K. MANDIRAM,
PUTHENKULAM P.O, KARIBALOOR,
PARIPPALLY VILLAGE, KOLLAM TALUK,
KOLLAM DISTRICT-691 574.
R1 BY ADVS. SRI.K.SIJU,
SMT.S.SEETHA.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07-10-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Tr.P(C).No. 19 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1 COPY OF THE ORIGINAL PETITION FILED BY THE
RESPONDENTS O.P.NO.1271/2015 BEFORE THE
FAMILY COURT, ATTINGAL, THIRUVANANTHAPURAM.
ANNEXURE A2 COPY OF THE ORIGINAL PETITION IN O.P.NO.1246/2012
FILED BY THE PETITIONER BEFORE THE FAMILY COURT,
KOLLAM.
ANNEXURE A3 COPY OF THE O.P.NO.1292/2012 FILED BY THE PETITIONER
BEFORE THE FAMILY COURT, KOLLAM.
ANNEXURE A4 COPY OF THE PETITION IN MC. NO.316 OF 2015 BEFORE THE
FAMILY COURT, KOLLAM.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
K.RAMAKRISHNAN, J.
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Transfer Petition (Civil)No.19 of 2016
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Dated this the 7th day of October, 2016
ORDER
This an application filed by the petitoner seeking transfer of O.P.1271 of 2015 pending before Family Court, Attingal to Family Court Kollam under Section 24 of the Code of Civil Procedure.
2. It is alleged in the petition that respondent married the petitioner 21.04.2013 and they were living together as husband and wife for sometim. Thereafter, a child was born to them in that wedlock. The respondent filed Annexure A1 O.P. 1271 of 2015 before Family Court, Attingal seeking a declaration that 1st respondent is the legal guradian of the minor child and seeking permanent custody with the other reliefs. The 1st respondent himself filed O.P.1246 of 2012 before the Family Court Kollam produced as Annexure-A2 for dissolution of marriage. The petitioner filed Annexure A3 O.P.1298 of 2012 before the Family Court Kollam and also filed Annexure A4 M.C.316 of 2015 before Family Court, Kollam. The petitioner is finding it difficult to go to Attingal to conduct the case. Since there are three other cases Transfer Petition (Civil)No.19 of 2016 2 pending before Family Court Kollam, no hardship will be caused to the respondent if the case is transferred to Kollam Family Court. Hence this petition.
3. Heard Shri.Johnson learned counsel appearing for the petitioner and Shri.Siju, learned counsel appearing for the respondent.
4. The counsel for the respondent submitted that they have no objection in transferring the case. Admittedly, the1St respondent and petitioner wife and husband. There are three cases pending before Family Court Kollam viz., O.P.1246 of 2012 O.P.1292 of 2012 and M.C.316 of 2012 between the same parties. The respondent filed O.P.1271 of 2015 before Attingal Family Court for declaration that the 1s respondent is the legal guardian of the minor child and also for permanent custody. Both sides conceded that there was an interim order of custody regarding the production of the child and to facilitate interaction with the child by the father from the family court premises Attingal and that is being continued. Considering the fact that the petitioner is without any employment and she had already filed an application for maintenance and there are three other cases pending before Transfer Petition (Civil)No.19 of 2016 3 Family Court Kollam between the same parties, no hardship will be caused to the respondents if this case is also transferred to Family Court Kollam. So this Court also feels that it is necessary in the interest of justice to transfer the case pending before Family Court Attingal to Family Court Kollam so as to enable the parties to have the case heard and disposed of simultaneously or by way of joint trial.
So the petition is allowed and O.P.1271 of 2015 pending before Family Court Attingal is withdrawn and transferred to Family Court Kollam to be heard along with O.P.1271 of 2015 O.P.1246 of 2012 O.P.1292 of 2012 and M.C.316 of 2015 pending before that court. On getting records from the Family Court Attingal, if the parties move for joint trial, the Family Court Kollam can consider and pass appropriate order in that application. Interim order of custody passed by the Family Court Attingal directing the production of the child before Family Court Attingal facilitate interaction with the father will continue with a modification that the child need be produced before the Family Court Kollam. Family Court Attingal is directed to transmit the records to Family Court Kollam immediately. Parties are directed to appear before Transfer Petition (Civil)No.19 of 2016 4 the Family Court Kollam on 21.11.2016 Registry is directed to communicate this order to the concerned courts immediately.
K.RAMAKRISHNAN, JUDGE SKV