Kerala High Court
Preetha V vs Harigovid K.G on 21 November, 2019
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 21ST DAY OF NOVEMBER 2019 / 30TH KARTHIKA, 1941
Tr.P(C).No.641 OF 2019
AGAINST THE ORDER/JUDGMENT IN O.P.(HMA).NO.382/2017 OF THE FAMILY
COURT, CHAVARA
PETITIONER/RESPONDENT IN THE O.P.NO.382/2017:
PREETHA V.
AGED 40 YEARS
D/O.PADMAKUMARI, AISWARYA MADOM, NADUTHERI MURI,
THALAVOOR VILLAGE, THALAVOOR P.O., KOLLAM-691514.
BY ADVS.
SMT.BINDUMOL JOSEPH
SRI.B.S.SYAMANTHAK
SRI.B.SHAMNAD
SHRI.SRIVIDYA K
RESPONDENT/ PETITIONER IN THE O.P:
HARIGOVID K.G.,
AGED 43 YEARS
S/O.GOVINDANUNNI, KESAVATHMADOM, AYANI SOUTH,
S.V.MARKET P.O., KARUNAGAPPALLY, KOLLAM-690573.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.11.2019, ALONG WITH Tr.P(C).664/2019, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
2
Tr.P(C).Nos.641 & 664 OF 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 21ST DAY OF NOVEMBER 2019 / 30TH KARTHIKA, 1941
Tr.P(C).No.664 OF 2019
AGAINST THE ORDER/JUDGMENT IN O.P.(GW).NO.703/2019 OF FAMILY
COURT, CHAVARA
PETITIONER/COUNTER PETITIONER:
PREETHA.V.,
AGED 41 YEARS,
D/O.PADMAKUMARI, AISWARYA MADOM VEEDU, NADUTHERI
MURI, THALAVOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM
DISTRICT.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENT/PETITIONER:
HARIGOVIND.K.G.,
AGED 45 YEARS,
S/O.GOVINDAN UNNI, KESAVATHU MADOM,
AYANIVELIKULANGARA VILLAGE, KARUNAGAPALLY, KOLLAM
DISTRICT, PIN CODE- 690573.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.11.2019, ALONG WITH Tr.P(C).641/2019, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
3
Tr.P(C).Nos.641 & 664 OF 2019
ORDER
The petitioner is the wife. She is the respondent in O.P.(HMA).No.382/2017 and O.P.(GW).No.703/2019 pending on the files of the Family Court, Chavara filed by respondent-husband. She seeks for transfer of the original petitions to the Family Court at Kottarakkara.
2. In spite of service of notice on the respondent- husband, there is no appearance.
3. The petitioner is residing at Thalavoor Village in Pathanapuram Taluk. The child born in the wedlock is presently aged 6. It is a girl child and is presently with the petitioner-wife. The petitioner is unemployed and does not have any source of income. Considering the entire facts and circumstances, I am of the opinion that transfer as sought for can be granted.
In the result, the transfer petitions are allowed. O.P. (HMA).No.382/2017 and O.P.(GW).No.703/2019 pending on the files of the Family Court, Chavara will stand withdrawn and transferred to the Family Court, Kottarakkara.
4Tr.P(C).Nos.641 & 664 OF 2019 The Family Court, Kottarakkara shall issue notice for appearance of the parties.
Sd/-
SATHISH NINAN JUDGE rsr 5 Tr.P(C).Nos.641 & 664 OF 2019 APPENDIX OF Tr.P(C) 641/2019 PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE HONOURABLE FAMILY COURT, KOTTARAKARA AS ORIGINAL PETITION NO.618/2017 DATED 26.05.2017.
ANNEXURE A2 A TRUE COPY OF THE ORIGINAL PETITION NO.619/2017 DATED 26.05.2017 FOR RETURN OF GOLD ORNAMENTS.
ANNEXURE A3 A TRUE COPY OF THE MC NO.139/2017 FILED BEFORE THE HONOURABLE FAMILY COURT, KOTTARAKARA.
ANNEXURE A4 A TRUE COPY OF ORIGINAL PETITION (HMA) NO.382/2017 ON THE FILE OF THE FAMILY COURT, CHAVARA.6
Tr.P(C).Nos.641 & 664 OF 2019 APPENDIX OF Tr.P(C) 664/2019 PETITIONER'S/S EXHIBITS:
ANNEXURE I PHOTOCOPY OF THE ORIGINAL PETITION O.P. (GW)NO.703/2019 ON THE FILE OF THE FAMILY COURT, CHAVARA.
ANNEXURE II PHOTOCOPY OF THE ORDER DATED 15.12.2017 OF THE FAMILY COURT, KOTTARAKKARA IN M.C.NO.139/2017.
ANNEXURE III PHOTOCOPY OF THE ORDER DATED 15.12.2017 IN O.P.(MONEY).NO.619/2017 OF THE FAMILY COURT, KOTTARAKKARA.