Kerala High Court
Rekha vs Vijayakrishnan V.K.S on 28 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 28TH DAYOF OCTOBER 2016/6TH KARTHIKA, 1938
Tr.P(C).No. 387 of 2016 ()
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OP(HMA). NO. 511/2016 OF FAMILYCOURT, KOTTARAKKARA.
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PETITIONER/RESPONDENT.:
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REKHA,
D/O. CHANDRASHEKARAN NAIR,
ULIYANADU VEEDU, PONGANADU P.O.,
KILIMANOOR, CHIRAYINKIL TALUK,
THIRUVANANTHAPURAM.
BY ADV. SRI.BASANT BALAJI.
RESPONDENT/PETITIONER. :
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VIJAYAKRISHNAN V.K.S.,
S/O. SUNDARESAN PILLAI,
MADAMACHAN KUZHI VEEDU,
EDAKKATU KARAKKATU PUTHENVEETIL
VILAKKUDI VILLAGE, PATHANAPURAM,
KOLLAM-689 124.
BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL),
SRI.A.R.DILEEP,
SRI.MANU SEBASTIAN,
SRI.P.J.JOE PAUL.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 28-10-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Tr.P(C).No. 387 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE 1 COPY OF THE PETITION IN OP(HMA) NO.511/2016 PENDING
BEFORE THE FAMILY COURT, KOTTARAKKARA.
RESPONDENT'S ANNEXURES:-
ANNEXURE R1 COPY OF THE CMP. NO.5985/2010 FILED BEFORE THE
COURT OF JUDICIAL FIRST CLASS MAGISTRATE-III,
PUNALUR.
//TRUE COPY//
P.S.TO JUDGE
rs.
K. RAMAKRISHNAN, J.
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Tr.P.(C).No.387 of 2016
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Dated this the 28th day of October, 2016.
O R D E R
This is a petition filed by the petitioner seeking transfer of OP(HMA).No.511/2016 pending before the Family Court, Kottarakkara to the Family Court, Attingal under section 24 of the Code of Civil Procedure.
2. It is alleged in the petition that the marriage between the petitioner and the respondent was solemnized on 13.12.1997 at Ponganadu and two children were born to them in that wedlock. After marriage, they lived together as husband and wife in the house of the respondent and thereafter their relationship strained and so she had to leave the matrimonial home during August, 1999. Thereafter the respondent filed OP(HMA).No.175/2006 before the Family Court, Kottarakkara for restitution of conjugal rights and on the basis of the out of court settlement, they started residing together considering the future of the children. But the attitude of the respondent did not change. So she was again driven out the house with the children. She is now living in her parental house along with the children. The respondent filed Annexure A1 petition as OP(HMA).No.511/2016 before the Family Court, Kottarakkara for dissolution of marriage. The respondent also filed OP.No.763/2014 before the Family Court, Attingal for declaration of title in respect of certain property and the petitioner Tr.P.(C).No.387 of 2016 already entered appearance. CMP.No.256/2015 filed by the petitioner against the respondent is also pending before the Family Court, Attingal. She is now residing along with parents in Kilimannor in Thiruvananthapuram district. She is depending on her parents for her livelihood and also livelihood of the children. No maintenance was paid to the children or the petitioner. She is finding it difficult to go to Kottarakkara to conduct the case. Since the respondent himself has filed a petition before the Family Court, Attingal in respect of the property situated there and in another case filed by the petitioner against the respondent he is appearing there, no hardship will be caused to him if this case is transferred to that court. So the petitioner prays for transfer of the case to the Family Court, Attingal. Hence this petition.
3. Heard Sri. Basant Balaji, learned counsel appearing for the petitioner and Sri. George Varghese, learned counsel appearing for the respondent.
4. Learned counsel appearing for the petitioner argued in support of his case in the petition. The petition was opposed by the counsel for the respondent on the ground that the petitioner is a LIC agent and no difficulty will be caused to her to go to Kottarakkara to conduct the case.
5. It is an admitted fact that the respondent married the petitioner in the year 1997 and two children born to them in that Tr.P.(C).No.387 of 2016 wedlock. Earlier they started residing separately and though a petition was filed for restitution of conjugal rights and that was settled out of court and they started residing together again and again their relationship strained and she was compelled to leave the matrimonial home and she is now residing with her parents at Kilimanoor along with the minor children. Admittedly the respondent himself has filed OP.No.763/2014 before the Family Court, Attingal for declaration of title and consequential reliefs in respect of a property against the petitioner herein and petitioner entered appearance and that case is pending before the Family Court, Attingal. It is also seen from the petition that the petitioner filed CMP.No.256/2012 before the Family Court, Attingal for maintenance against the respondent and he is appearing in that case also. Since two cases between the parties are now pending before the Family Court, Attingal, transfer of this case also to the Family Court, Attingal will not cause any hardship to the respondent. Being a lady living with the parents with the minor children asking her to go to Kottarakkara will cause unnecessary hardship to her. Considering this aspect, this court feels that it is necessary in the interest of justice to transfer OP(HMA). No.511/2016 pending before the Family Court, Kottarakkara to the Family Court, Attingal for disposal along with other cases pending before that court between the parties.
Tr.P.(C).No.387 of 2016
So the petition is allowed and OP(HMA).No.511/2016 pending before the Family Court, Kottarakkara is withdrawn and transferred to the Family Court, Attingal for disposal along with other cases pending before that court. If the parties apply for joint trial of these cases, after receipt of the records, the Family Court, Attingal may consider and pass appropriate orders in that petition. Both the counsel submitted that they are prepared to appear before the transferee court if a date is fixed for appearance. So the parties are directed to appear before the Family Court, Attingal on 30.11.2016. The Family Court, Kottarakkara is directed to transmit the records to the Family Court, Attingal immediately.
Registry is directed to communicate a copy of this order to both the courts immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl