Kerala High Court
Hima vs Shiju
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 3RD DAY OF AUGUST 2016/12TH SRAVANA, 1938
Tr.P(C).No. 325 of 2016
-----------------------
OP 593/2016 of FAMILY COURT,THRISSUR
-------------
PETITIONER(S):
-------------
HIMA, AGED 28 YEARS,
D/O.SATHEESAN, AATTUVALAPPIL HOUSE,
PANTHALLORE DESOM, NELLAYI VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680001.
BY ADV. SRI.N.L.BITTO
RESPONDENT(S):
--------------
SHIJU, AGED 42 YEARS,
S/O.CHANDRASEKHARAN, PULIKKAL HOUSE,
PUTHOORKKARA DESOM, AYYANTHOLE VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680001.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03-08-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
PJ
Tr.P(C).No. 325 of 2016
-----------------------
APPENDIX
PETITIONER(S)' ANNEXURES
-----------------------
ANNEXURE1 A TRUE COPY OF THE G.O.P.175/16 FILED BY THE
PETITIONER BEFORE THE FAMILY COURT, IRINJALAKUDA
DATED 22/2/16.
ANNEXURE2 A TRUE COPY OF THE M.C.49/16 FILED BY THE
PETITIONER BEFORE THE FAMILY COURT, IRINJALAKUDA
DATED 22/2/16
ANNEXURE3 A TRUE COPY OF THE OP.306/16 FILED BY THE
RESPONDENT BEFORE THE FAMILY COURT, IRINJALAKUDA
DATED 30/3/16
ANNEXURE4 A TRUE COPY OF THE OP.593/16 FILED BY THE
RESPONDENT BEFORE THE FAMILY COURT, THRISSUR DATED
30/3/16.
RESPONDENT(S)' ANNEXURES
-----------------------
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
K.RAMAKRISHNAN, J.
= = = = = = = = = = = = = = = = =
Tr.P (C) No.325 of 2016
- - - - - - - - - - - - - - - - - - - - -
Dated this the 03rd day of August, 2016
O R D E R
This is a petition for transfer of O.P. No.593 of 2016 pending before the Family Court, Thrissur to the Family Court, Irinjalakuda filed under Section 24 of the Code of Civil Procedure.
2. It is alleged in the petition that petitioner and respondent are wife and husband. Petitioner filed G.O.P. No.175 of 2016 for custody of minor children as Anneuxere-1 and M.C. No.49 of 2016 for maintenance as Annexure-2 before the Family Court, Irinjalakuda.
3. Respondent filed O.P. No.306 of 2016 for declaration of right and return of a sum of Rs.27,23,600/- as Annexure-3 before the Family Irinjalakuda. Respondent also filed O.P. No.593 of Tr.P(C) No.325 of 2016 -: 2 :- 2016 for divorce before the Family Court, Thrissur as Annexure-4.
4. It is alleged by the petitioner in the petition that she is residing within the jurisdiction of the Family Court, Irinjalakuda and there is none to look after her and she cannot travel without the help of others to conduct the case in the Family Court, Thrissur. Therefore it is necessary in the interest of justice to transfer O.P. No.593 of 2016 pending before the Family Court, Thrissur to the Family Court, Irinjalakuda to be tried along with the other cases pending before that court. Hence this petition.
5. Heard Shri Bitto N.L., learned counsel for the petitioner. Though notice was served on the respondent, he remained absent.
6. Considering the fact that the petitioner is Tr.P(C) No.325 of 2016 -: 3 :- a lady and she had already instituted two proceedings before the Family Court, Irinjalakuda and one case filed by the respondent is also pending in that court, no prejudice or hardship will be caused to the respondent, who is the husband to conduct the case at Irinjalakuda if the present case is also transferred to the Family Court, Irinjalakuda. Further, directing a lady with children to go away and conduct the case at a distant place will really cause hardship to her. Considering the circumstances, this Court feels that it is necessary in the interest of justice to transfer O.P. No.593 of 2016 pending before the Family Court, Thrissur to the Family Court, Irinjalakuda for disposal. Hence the petition can be disposed of with the following directions:
O.P. No.593 of 2016 pending before the Family Tr.P(C) No.325 of 2016 -: 4 :- Court, Thrissur is withdrawn and transferred to the Family Court, Irinjalakuda to be tried along with the aforementioned cases pending in that court. Question of joint trial can be considered by that court, if such an application is filed by the parties. The Family court, Thrissur is directed to transmit the records in O.P. No.593 of 2016 to the Family Court, Irinjalakuda at the earliest.
With the above observations and directions, this petition is disposed of.
Office is directed to communicate a copy of this order to the concerned courts immediately.
Sd/-
K.RAMAKRISHNAN, JUDGE.
VSV /true copy/