Kerala High Court
Dr.Soumia V R vs Subi on 28 May, 2025
Tr.P.(C) No. 8 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
TR.P(C) NO. 8 OF 2025
AGAINST OP NO.69 OF 2024 OF FAMILY COURT,THRISSUR
PETITIONER/RESPONDENT:
DR.SOUMIA V R
AGED 42 YEARS
D/O RAVINDHRAN VENNENGHOT HOUSE, SWAPNA NIVAS,
PONNANI DESAM, PONNANI VILLAGE, PONNANI TALUK,
PONNANI P.O, MALAPPURAM, PIN - 679 577.
BY ADVS.
SHRI.MANUMON A.
SHRI.REBIN VINCENT GRALAN
SHRI.SANTHOSH.T.P
SHRI.SURESH C.
SMT.ROSNA M. JOY
SMT.ANGEL MARY K.P.
SHRI.RONN E.S.
SHRI.AVIN KRISHNA M.P.
RESPONDENT/PETITIONER:
SUBI
AGED 47 YEARS
S/O GOPI, VATTULUKAM HOUSE, KIZHAKKUMURI,
PERINGOTTUKARA P.O, KIZHAKKUMURI VILLAGE,
THRISSUR TALUK, THRISSUR, PIN - 680 565.
BY ADVS.
SHRI.AJEESH S.BRITE
SHRI.SAJU.K.PERUTTY
SHRI.FRANCIS ASSISI
SMT.DARSANA
SMT.SREELAKSHMI RAMACHANDRAN
Tr.P.(C) No. 8 of 2025
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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Tr.P.(C) No. 8 of 2025
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ORDER
This transfer petition is filed by the petitioner wife under Section 24 of the Code of Civil Procedure, 1908 for transferring OP No.69 of 2024 pending on the file of the Family Court, Thrissur to Family Court, Thirur.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the counter filed.
3. The case of the petitioner is that the respondent husband filed a petition, under Section 13 (1) (ia) of the Hindu Marriage Act, seeking divorce, filed in Family Court, Thrissur. The petitioner has contended that after the dispute arised between the husband and wife, now the petitioner is staying at her paternal house which is situated at Ponnani, the petitioner is working as a Doctor having 13 years girl child, it is not possible for her to leave the girl child and to attend the Court at Thrissur, which is more Tr.P.(C) No. 8 of 2025 4 2025:KER:40320 than 50 Km from Thirur. Therefore, prayed for transferring the case to Family Court, Thirur which is more convenient for her to attend the case effectively.
4. Per contra, the respondent counsel filed counter, contending that presently the respondent is suffering from some chronic diseases and he has undergone diagnosis and he has to undergo one more diagnosis for skin biopsy to rule out mycosis fungoides. The respondent is presently suffering from skin disease and therefore, it is not possible for him to go and attend the case at Thirur, which is nearly 50 KM from Thrissur, hence prayed for dismissal of the transfer petition.
5. During the course of argument, the learned counsel for petitioner also contended that the respondent is presently working at Guruvayoor in a private concern and it is very easy for him to attend the case at Thirur Court as he is traveling from Thrissur to Guruvayoor, up and down every day, therefore, prayed for allowing the petition. Tr.P.(C) No. 8 of 2025 5
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6. Having heard the arguments and perused the records. Admittedly, the respondent is residing at Thrissur while he filed a petition seeking divorce against wife and presently the wife/petitioner said to be staying with her family at Ponnani which is near to the Family Court, Thirur, and she has to travel only 24 Km from Ponnani to Thirur which is more convenient for her to attend the court effectively and to contest the matter. It is also submitted that she is having a daughter aged about 13 years and she has to look after her daughter and it is very difficult to her to attend the case at Family Court, Thirssur. Therefore, it is considered, no prejudice would cause to the respondent case, if the case is transferred from Thrissur to Thirur. Of course, the respondent is having some skin disease and a biopsy also done in abdomen and it is to rule out mycosis fungoides skin disease and it is not disputed by the respondent that he is staying in Thrissur and travelling up Tr.P.(C) No. 8 of 2025 6 2025:KER:40320 and down for working at Guruvayoor which is nearly 28 to 30 kms.
7. Therefore, considering fact, the respondent is attending the job by travelling every day more than 60 KM and he may not have any problem to attend the Court at Thirur, when the case is transferred and posted for hearing. However, it is easy for her to attend the case and contest the case effectively, if the case is transferred to Family Thirur. Therefore, I am of the view that the petition is deserved to be allowed.
8. Accordingly, the transfer petition is allowed.
i. OP No.69 of 2024 filed by the respondent husband, pending at Family Court, Thrissur is transferred to Family Court, Thirur and dispose of the matter in accordance with law.
Tr.P.(C) No. 8 of 2025 7 2025:KER:40320 ii. The respondent is granted exemption from personal appearance and permitted to appear through Video Conference before the Family Court, Tirur, whenever he requires. Sd/- K. NATARAJAN JUDGE S.M.K. Tr.P.(C) No. 8 of 2025 8 2025:KER:40320 APPENDIX OF TR.P(C) 8/2025 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE MEDIATION AGREEMENT DATED 2018 SEPTEMBER Annexure A2 CERTIFIED COPY OF PETITION FILED BY THE
RESPONDENT HEREIN BEFORE THE FAMILY COURT, THRISSUR IN OP. NO. 69/2024 RESPONDENT ANNEXURES Annexure R1(b) True copy of the medical certificate dated 24.05.2025 issued by the consultant doctor and assistant professor of Amala Institute of Medical Sciences, Thrissur Annexure R1(a) True copy of the report dated 07.12.2024 by the Department of Pathology of Amala Institute of Medical Science, Thrissur