Kerala High Court
Varadarajan Nair vs Kalamalini on 9 February, 2016
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 10TH DAY OF AUGUST 2016/19TH SRAVANA, 1938
Tr.P(C).No. 342 of 2016
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TO TRANSFER O.P.NO.286 OF 2015 OF FAMILY COURT, ATTINGAL TO THE FAMILY
COURT, THIRUVANANTHAPURAM
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PETITIONER(S) :
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VARADARAJAN NAIR, AGED 55 YEARS,
S/O. MADHAVAN NAIR, SINDHU BHAVAN,
AVANAVANCHERRY,ATTINGAL,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENT(S) :
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KALAMALINI,
W/O. VARADARAJAN NAIR,
SINDHU BHAVAN, AVANAVANCHERRY VILLAGE,
CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT,
(NOW RESIDING AT S.S. SADANAM, GAF HILL,
GHRA D-6, CHAVALLIMUKKU, SREEKARYAM.P.O.,
THIRUVANANTHAPURAM).
BY ADV. SMT.PREETHY R. NAIR
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10-08-2016, ALONG WITH Tr.P(C).No. 343 OF 2016 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Tr.P(C).No. 342 of 2016
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APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1: TRUE COPY OF THE ABOVE O.P.NO.286/2015 OF FAMILY
COURT,ATTINGAL.
ANNEXURE A2: TRUE COPY OF THE AFFIDAVIT IN M.C.NO.370/2014 BEFORE
THE FAMILY COURT, ATTINGAL.
ANNEXURE A3: TRUE COPY OF THE DECISION DATED 09.02.2016.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TOJUDGE
Msd.
K. RAMAKRISHNAN, J.
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Tr.P.(C).Nos.342, 343,344,&345 of 2016
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Dated this the 10th day of August, 2016.
COMMON ORDER
These petitions were filed by the petitioner, who is the husband of the respondent, for transferring OP.Nos.286/2015, 918/2014, 626/2016 and 946/2014 all pending before the Family Court, Attingal to Family Court, Thiruvananthaupram under section 24 of the Code of Civil Procedure. Considering the relief claimed and the parties to the proceedings, this court is disposing all the petitions by a common order
2. OP.No.286/2015 was filed by the petitioner for dissolution of marriage, while OP.No.918/2014 was filed by respondents 1 to 3 against the petitioner for return of gold ornaments and other reliefs. OP.No.626/2016 was filed by the respondent, who is his daughter against the petitioner for her marriage expenses. OP.No.946/2014 was filed by the petitioner herein against the respondent for return of gold ornaments belonging to him alleged to have been taken by the respondent.
3. It is alleged in the petition that the respondent is now residing in Thiruvananthapuram within the jurisdiction of Family Court, Thiruvananthapuram and the petitioner is also residing in Thiruvananthapuram. If all these cases were transferred to Family Court, Thiruvananthapuram, it will be convenient for both of them to conduct the cases. Hence these petitions were filed. Tr.P.(C).Nos.342, 343,344,&345 of 2016 2
4. The respondent filed counter in Tr.P.(C).No.342/2016 stating that she is not residing in Thiruvananthapuram, but she is now residing in Chittanikkara Kudumbam in Attingal in a rented house. Further the respondent filed MC.No.370/2014 for maintenance and that is pending before the Family Court, Attingal and there is no prayer for transfer of that case. In such circumstances, there is no necessity to transfer the other cases.
5. Heard Sri. P. Anoop Mulavana, learned counsel appearing for petitioner in all these cases and Smt. Preetha R. Nair, learned counsel appearing for the respondent wife and daughter in all these cases.
6. It is an admitted fact that all these cases are between the husband and wife and daughter born to them in the wedlock. It is true that in one of the affidavits, it was mentioned that the wife along with the daughter is residing at Thiruvananthapuram. But subsequently she had filed a counter affidavit stating that she is changing her residence from one place to other because she has been driven out of the house by the petitioner and she is residing in a rented house in several places. Now she is residing in a rented house at Attingal. It is also seen from the submissions that MC.No.370/2014 filed by the wife against the petitioner is pending before the Family Court, Attingal and some of the cases were of the year 2014 and there was no prayer for transfer of Tr.P.(C).Nos.342, 343,344,&345 of 2016 3 MC.No.370/2014 to any other court made by the petitioner herein. Considering the fact that the wife is now residing in a rented house within the jurisdiction of Attingal court, this court feels that there is no necessity to transfer the case to some other court as claimed by the petitioner in these petitions. Further he is contesting the maintenance case that is now pending before the Family Court, Attingal which has not been sought to be transferred to any other court as well. The apprehension of the petitioner that since he had made a complaint to this court against the present presiding officer, he will not get justice from that court is without any merit in view of the report of the said presiding officer. Further the complaint sent by the petitioner was closed by this court on the administrative side and that is not a ground for transfer of the cases as well. Under such circumstances, this court feels that no ground made out for transferring the cases mentioned in these petitions and the petitioner is not entitled to get any relief claimed in these petitions and they are liable to be dismissed.
In the result, these petitions are dismissed. Interim order granted are hereby vacated. Registry is directed to communicate a copy of this order to the court below at the earliest.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl Tr.P.(C).Nos.342, 343,344,&345 of 2016 4