Kerala High Court
Valsala Nisha vs Rajesh Soman Nair on 11 August, 2020
Author: V Shircy
Bench: V Shircy
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 11TH DAY OF AUGUST 2020 / 20TH SRAVANA, 1942
Tr.P(C).No.216 OF 2020
OP 104/2020 OF FAMILY COURT, PATHANAMTHITTA
PETITIONER/RESPONDENT:
VALSALA NISHA
AGED 35 YEARS
W/O.RAJESH SOMAN NAIR, SARAT RESIDENCY, AYIROOR.P.O.,
VARKALA TALUK, THIRUVANANTHAPURAM(FROM NISHA VIHAR,
KANNAMBA, VARKALA.P.O, THIRUVANANTHAPURAM DISTRICT)
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENT/PETITIONER:
RAJESH SOMAN NAIR, AGED 44 YEARS
S/O.LATE SOMAN NAIR, PUTHUMANGALATHU HOUSE,
PAYYANAMON.P.O, KONNI, KONNI THAZHATHU MURI, KONNI
THAZHAM VILLAGE, PATHANAMTHITTA DISTRICT-
689692(REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
AND MOTHER ROHINI S NAIR @ ROHINIDEVI, AGED 66 YEARS,
W/O.LATE SOMAN NIAR, PUTHUMANGALATHU HOUSE,
PAYYANAMON.P.O., KONNI, KONNI THAZHATHU MURI, KONNI
THAZHAM VILLAGE, PATHANAMTHITTA DISTRICT-689 692)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P(C).No.216 OF 2020
2
ORDER
Dated this the 11th day of August 2020 This petition is filed by the petitioner, who is the respondent in O.P.No.104/2020 pending before the Family Court, Pathanamthitta to transfer the case to the Family Court, Attingal.
2. Notice sent to the respondent was returned unserved with an endorsement that he "left India". Thereafter, notice was sent to the power of attorney holder of the respondent herein and the same was accepted by the power attorney holder. Despite the notice, he did not appear before this court and hence the learned counsel for the petitioner alone has been heard.
3. It is submitted by the learned counsel for the petitioner that the petitioner is a lady residing within the jurisdiction of the Family Court, Attingal and because of the marital dispute between herself and her husband she had preferred two cases against him and those cases are pending before the Family Court, Attingal. Thereafter, the respondent Tr.P(C).No.216 OF 2020 3 has filed O.P.No.104/2020 through the power of attorney holder before the Family Court, Pathanamthitta. Since, she is residing along with her minor child at her paternal house in Thiruvananthapuram District she finds it difficult to travel upto Pathanamthitta to contest the case filed against her by her husband. Hence, this petition to transfer the case to the Family Court, Attingal.
4. In matrimonial disputes while considering a transfer petition the paramount consideration is the convenience of the lady. It is revealed from the records that she is residing far way from the Family Court, Pathanamthitta and no doubt it will be most inconvenient for her to appear before the Family Court, Pathanamthitta as she is contesting the case filed against her by the respondent.
5. Considering all the facts and circumstances involved in this case, I think that her request can be accepted as such and the case pending before the Family Court, Pathanamthitta can be transferred to the Family Court, Attingal as prayed for.
Therefore, this petition is allowed. O.P.No.104/2020 Tr.P(C).No.216 OF 2020 4 pending before the Family Court, Pathanamthita will stand transferred to the Family Court, Attingal. The learned Judge, Family Court, Pathanamthita shall transit the records fixing a date for appearance of the parties before the Family Court, Attingal.
This petition is disposed of accordingly.
Sd/-
SHIRCY V. JUDGE mpm Tr.P(C).No.216 OF 2020 5 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE PETITION IN OP 104/2020 BEFORE THE FAMILY COURT, PATHANAMTHITTA ANNEXURE A2 TRUE COPY OF THE PETITION IN MC 453/2020 BEFORE THE FAMILY COURT, ATTINGAL ANNEXURE A3 TRUE COPY OF THE PETITION IN OP NO.467/2020 BEFORE FAMILY COURT, ATTINGAL // TRUE COPY // P.A. TO JUDGE