Kerala High Court
Beena Babu vs S.R.Suresh Babu on 16 January, 2014
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
THURSDAY, THE 16TH DAY OF JANUARY 2014/26TH POUSHA, 1935
Tr.P(C).No. 576 of 2013 ()
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AGAINST THE ORDER/JUDGMENT IN OP 767/2013 of FAMILY COURT, ATTINGAL
PETITIONER(S):
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BEENA BABU,
D/O. PRABHAKARAN, RESIDING AT MADHAVA MANDIRAM,
MUTHANA P.O., CHAVARCODE, CHIRAYINKEEZH TALUK,
THIRUVANANTHAPURAM.
BY ADVS.SRI.R.S.KALKURA
SMT.R.BINDU
SRI.M.S.KALESH
SMT.A.V.PRIYA
SRI.HARISH GOPINATH
SMT.M.K.LEELAKUMARI
SRI.SANIL KUNJACHAN
SRI.JOHNSON JOSE PANJIKKARAN.
RESPONDENT(S):
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S.R.SURESH BABU,
S/O. RAMAN, RESIDING AT TC 13/334, KUNNUKUZHY P.O.,
VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM-695 035.
R1 BY ADV. SRI.RAJESH P.NAIR
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16-01-2014 ALONG WITH TR.PC.NO.577/2013, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Tr.P(C).No. 576 of 2013 ()
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1: COPY OF THE PETITION IN OP (HMA) NO.1665 OF 2011 ON THE
FILE OF THE FAMILYCOURT, THIRUVANANTHAPURAM.
ANNEXURE A2: COPY OF THE PETITION IN OP NO.767 OF 2013 ON THE FILE
OF THE FAMILY COURT, ATTINGAL.
ANNEXURE A3: COPY OF THE OBJECTION SUBMITTED BY THE RESPONDENT
IN OP NO.767 OF 2013 ON THE FILE OF THE FAMILY COURT,
ATTINGAL.
ANNEXURE A4: COPY OF THE PETITION IN OP NO.713 OF 2013 ON THE FILE
OF THE FAMILY COURT, ATTINGAL.
ANNEXURE A5: COPY OF THE COUNTER FILED BY THE RESPONDENT IN OP
NO.713 OF 2013 ON THE FILE OF THE FAMILY COURT,
ATTINGAL.
RESPONDENT'S ANNEXURES: NIL
/TRUE COPY/
P.A. TO JUDGE
VPV
P.N.RAVINDRAN, J.
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Tr.P.(C)Nos.576 & 577 of 2013
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Dated this the 16th day of January, 2014
ORDER
The common petitioner in these transfer petitions is the wife of the respondent. The marriage between them was solemnized on 10.7.1985. Later they fell out and they are now residing separately. The respondent has filed O.P.(HMA)No.1665 of 2011 before the Family Court, Thiruvananthapuram for a decree dissolving his marriage with the petitioner. It now stands posted to 12.2.2014 for evidence. The petitioner on the other hand has filed O.P.No.1556 of 2011 for return of gold ornaments and other reliefs and O.P.No.1838 of 2012 to set aside two documents, before the Family Court, Nedumangadu. After a Family Court was established at Attingal, the said cases were transferred to Family Court, Attingal and were renumbered as O.P.Nos.767 of 2013 and 713 of 2013 respectively. In these transfer petitions, the petitioner prays for transfer of O.P.Nos.713 of 2013 and 767 of 2013 from Family Court, Attingal to Family Court, Thiruvananthapuram for joint trial along with O.P.(HMA)No.1665 of 2011.
2. When these transfer petitions came up for hearing today, Tr.P.(C)Nos.576 & 577 of 2013 2 Sri.Rajesh P. Nair, learned counsel appearing for the respondent submitted that the respondent has no objection in the two cases being transferred to Family Court, Thiruvananthapuram but the cases pending before Family Court, Attingal stand posted to 6.2.2014 for evidence and therefore, even while transferring the cases to Family Court, Thiruvananthapuram, the Family Court, Thiruvananthapuram may be directed to try and dispose of all the three cases expeditiously.
In such circumstances, I allow the transfer petitions and transfer O.P.Nos.713 of 2013 and 767 of 2013 presently pending in Family Court, Attingal to Family Court, Thiruvananthapuram for trial and disposal along with O.P.(HMA)No.1665 of 2011. The parties shall appear before the Family Court, Thiruvananthapuram initially through counsel on 6.2.2014. In view of the fact that all the three cases stand listed for trial, the Family Court, Thiruvananthapuram shall try and dispose of the cases expeditiously and in any event before 10.4.2014.
Sd/-
P.N.RAVINDRAN JUDGE vpv