Aswathydas V.M vs Ratheesh on 30 May, 2019

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Kerala High Court

Aswathydas V.M vs Ratheesh on 30 May, 2019

Bench: Sunil Thomas

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     THURSDAY, THE 30TH DAY OF MAY 2019 / 9TH JYAISHTA, 1941

                      Tr.P(C).No. 446 of 2018

  TO TRANSFER OPSMA 521/2018 of FAMILY COURT, ATTINGAL TO FAMILY
                    COURT, THIRUVANANTHAPURAM



PETITIONER:


              ASWATHYDAS V.M.,
              AGED 28 YEARS,D/O P.MOHAN DAS,
              V.M.BHAVAN T/C 81/1732,S.N.NAGAR,KULATHOOR.P.O,
              THIRUVANANTHAPURAM.(FORMERLY RESIDENT OF
              R.J.NIVAS,T/C 81/2024,SASTHAMVILAKOM,KULATHOOR,
              THIRUVANANTHAPURAM).

              BY ADVS.
              SRI.R.SUNIL KUMAR
              SMT.A.SALINI LAL


RESPONDENT:
              RATHEESH,
              AGED 35 YEARS,
              S/O. RAJAN, R.J. NIVAS, T/C 81/2024,
              SASTHAMVILAKOM, KULATHOOR,
              THIRUVANANTHAPURAM - 695583



THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
30.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Tr.P(C).No. 446 of 2018

                                      2



                                 O R D E R

The petitioner herein is the respondent in O.P. (SMA)No.521/2018, pending before the Family court, Attingal. She seeks transfer of that case to Family Court, Thiruvananthapuram, where two other matters are pending.

2. According to the petitioner, she was married to the respondent on 20.04.2009 and a child was born in the matrimonial relationship. Thereafter, matrimonial relationship got strained and she started residing in the present address. She has initiated O.P.(SMA) No.327/2018 and M.C.No.75/2018, which are pending before Family Court, Thiruvananthapuram. In the meanwhile the respondent has initiated proceedings before the Family Court, Attingal as O.P. (SMA)No.521/2018. According to her, it is not easy for her to travel to Attingal on all posting days, leaving behind her child aged 8 years old. It is also stated that, the transfer will facilitate the expeditious Tr.P(C).No. 446 of 2018 3 disposal of two other matters which are already pending before the Family Court, Thiruvananthapuram.

3. Notice was served on the respondent, who has not chosen to appear and to contest the proceedings. Heard the learned counsel for the petitioner.

4. After hearing the petitioner and pursuing the materials on record, I am satisfied that since both parties are residing at Thiruvananthapuram and two other matters are pending before the Family Court, Thiruvananthapuram, it will be in the interest of justice , if the O.P.(SMA)No.521/2018 is transferred to Family Court, Thiruvananthapuram. Accordingly, I am inclined to allow the transfer petition as follows:

(i) O.P.(SMA)No.521 of 2018 pending before the Family Court at Attingal, will stand transfered to Family Court at Thiruvananthapuram.

(ii) The Family Court at Attingal shall transmit the entire files of O.P. (SMA)No. 521 of 2018 to the Family Court at Thiruvananthapuram.

Tr.P(C).No. 446 of 2018 4

(iii) Both sides shall appear before the Family Court at Thiruvananthapuram on 11.07.2019 without any further notice. If the respondent remains absent, the Family Court at Thiruvananthapuram shall issue notice to the respondent for his appearance.

The transfer petition is allowed as above.

Sd/-

SUNIL THOMAS JUDGE VPK Tr.P(C).No. 446 of 2018 5 APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE - 1 COPY OF OP (SMA) NO. 327/2018.

ANNEXURE -2 COPY OF MC NO. 75/2018.

ANNEXURE - 3 COPY OF OP (SMA) 521/2018.

// TRUE COPY// PA TO JUDGE VPK

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