Kerala High Court
Sajin Somarajan vs Roshna B on 17 November, 2016
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 17TH DAY OF NOVEMBER 2016/26TH KARTHIKA, 1938
Tr.P(C).No. 120 of 2016 ()
---------------------------
TO TRANSFER OP 1163/2015 OF FAMILY COURT, NEDUMANGAD TO FAMILY
COURT ATTINGAL.
......
PETITIONER/RESPONDENT:
-----------------------
SAJIN SOMARAJAN, AGED 31 YEARS,
S/O.SOMARAJAN, GURU SADANAM,
PONGANAD.P.O, AROOR DESOM,
KILIMANOOR VILLAGE, CHIRAYINKEEZH TALUK.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENTS/PETITIONERS:
------------------------
1. ROSHNA B., AGED 28 YEARS,
W/O.SAJIN SOMARAJAN, "MAYOORA",
ARANTHANAM, VAMANAPURAM.P.O,
NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT-695606.
2. ROJIN, AGED 2 YEARS,
S/O.SAJIN SOMARAJAN, "MAYOORA",
ARANTHANAM, VAMANAPURAM.P.O,
NEDUMANGAD TALUK, MINOR,
REPRESENTED BY HIS MOTHER AND NATURAL
GUARDIAN, ROSHNA.B,DO... DO... DO..695606.
R1 BY ADVS.SRI.A.S.SHAMMY RAJ
SMT.P.SINDHU (KARAKULAM)
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17-11-2016 ALONG WITH TPC.138/2016 & TPC.139/2016,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
Tr.P(C).No. 120 of 2016 ()
--------------------------
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE A1 : TRUE COPY OF THE PETITION IN O.P.NO.1232/2015
OF FAMILY COURT, ATTINGAL.
ANNEXURE A2 : TRUE COPY OF THE PETITION IN O.P.NO.1163/2015
OF FAMILY COURT, NEDUMANGAD.
RESPONDENTS' ANNEXURES: NIL.
//TRUE COPY//
P.S. TO JUDGE
mbr/
K.RAMAKRISHNAN, J.
===================
Transfer Petition (Civil)No.120 of 2016,
Transfer Petition (Civil)No.138 of 2016
and
Transfer Petition (Civil)No.139 of 2016
=======================
Dated this the 17th day of November, 2016
ORDER
T.P.(C)120 of 2016 was filed by the husband against the wife and child for transfer of O.P.no.1163 of 2015 from Family court Nedumangad to Family court Attingal while T.P.(C)138 of 2016 and 139 of 2016 were filed by the wife for transfer of O.P.No.1013 of 2015 and 1332 of 2015 both pending before Family court Attingal to Family court Nedumangad, all under Section 24 of the Code of Civil Procedure.
2. The common case of the petitioners in all these cases was that the marriage between them was solemnized on 14.07.2013 and 2nd petitioner in T.P.(C)120 of 2016 was born to them. After sometime their relationship strained and they were residing separately. Wife is residing along with her parents at Aramthanam. She filed O.P.No.1163 of 2015 before Family Court, Nedumangad for return of gold ornaments and other reliefs against the husband. The husband filed O.P.1013 of 2015 pending before Family court Attingal for permanent custody of the Transfer Petition (Civil)No.120 of 2016, Transfer Petition (Civil)No.138 of 2016 2 and Transfer Petition (Civil)No.139 of 2016 child and declare him as the guardian of the minor child and O.P.1332 of 2015 pending before Family court Attingal for restitution of conjugal rights. The wife contended that she is finding it difficult to go to Attingal to conduct the case as there is none to accompany her. According to the husband, he will have to travel a long distance to attend Family court, Nedumangad. Already two cases are oendiung before Attingal, so if this case is also transferred no hardship will be caused to the wife. So both are claiming transfer of cases to their respective choices.
3. Heard Shri. A.S.Shammy Raj, learned counsel appearing for the wife and Shri. Latheesh Sebastian learned counsel appearing for the husband. Both argued vehemently in support of their cases.
4. The relationship between the parties and the paternity of the child is not in dispute. It is also not in dispute that the wife is residing along with minor child in her parental house within the jurisdiction of Family court, Nedumangad and she filed O.P.1163 of 2015 before Family Court, Nedumangad for return of gold ornaments and maintenance for herself and the child, both past and future. It is also not been disputed that the husband filed Transfer Petition (Civil)No.120 of 2016, Transfer Petition (Civil)No.138 of 2016 3 and Transfer Petition (Civil)No.139 of 2016 OPNo.1013 of 2015 and 1332 of 2015 both before Family Court Attingal for permanent custody of the child and also for restitution of conjugal rights. The child is with the mother, who is residing within the jurisdiction of Family Court, Nedumangad. So it will be difficult for her to go to Attingal to conduct the case. Further she has no employment as well. Asking such a lady who is residing with her minor child to go to Attingal to conduct the case will cause unnecessary hardship to her. Since the husband is already conducting a case pending before Family court Nedumangad, transferring other two cases which involves the custody of the child with the mother to Family court Nedumangad will not cause any hardship to him as he can conduct all the cases from one court. So under such circumstances, this Court feels that there is no merit claimed by the husband to transfer of O.P1163 of 2015 and that has to be dismissed and while the petitions filed by the wife T.P.(C)Nos.138 of 2016 and 139 of 2016 are to be allowed. So T.P.(C).120 of 2016 is dismissed and T.P.(C).Nos.138 of 2016 and 139 of 2016 allowed and O.P.Nos.1013 of 2015 and 1332 of 2015 and both pending before Family court Attingal are withdrawn and transferred to Family Court Nedumangad to be tried along Transfer Petition (Civil)No.120 of 2016, Transfer Petition (Civil)No.138 of 2016 4 and Transfer Petition (Civil)No.139 of 2016 with O.P.1163 of 2015 pending before that court. The Family court Attingal is directed to trnasmit the records to Family Court Nedumangad immediately.
Both the counsel submitted that if a date is fixed for their appearance, they will appear before the transferee court. Parties are directed to appear to the transferee court on 06.12.2016.
Registry is directed to communicate this order to both the courts immediately. If any application for custody is pending, the Family Court Nedumangad is directed to consider and pass appropriate orders in the application at the earliest after receipt of the records.
Sd/-
K.RAMAKRISHNAN,JUDGE SKV