Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH WEDNESDAY, THE 2ND DAY OF NOVEMBER 2022 / 11TH KARTHIKA, 1944 TR.P(C) NO. 611 OF 2022 IN O.P(DIV) NO.153/2022 OF FAMILY COURT, KOLLAM PETITIONER/RESPONDENT:
TEENA ABRAHAM, AGED 34 YEARS, W/O. AGI AMBOTTY THOMAS, THEKEPARAMBIL HOUSE, MULAKUZHA, CHENGANNUR, ALAPPUZHA DISTRICT, PIN – 689 505.
BY ADVS.SRI.JOSEPH GEORGE SRI.BIJO THOMAS GEORGE SRI.P.A.REJIMON RESPONDENT/PETITIONER:
AGI AMBOTTY THOMAS, AGED 36 YEARS, S/O.AMBOTTY THOMAS, VADAKKANAZHIKATHU AGILAND, MULAVANA VILLAGE, KUNDARA P.O, KOLLAM TALUK, KOLLAM DISTRICT, PIN-691 501, NOW RESIDING AT A2/4B, OLYMPIA GRANDE-3286, GST ROAD, OPPOSITE JANIS SUZUKI SHOWROOM, ISSA, PALLAVARAM, KANCHEEPURAM, CHENNAI, TAMIL NADU STATE, PIN – 600 043 BY ADVS.SRI.GOVIND PADMANAABHAN SRI.G.P.SHINOD(K/000626/1995) SRI.AJIT G ANJARLEKAR(K/000083/2014) SRI.ATUL MATHEWS(K/1675/2018) SMT.GAYATHRI S.B.(K/2005/2020) THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P(C) No.611 of 2022 2 JUDGMENT Dated this the 02nd day of November, 2022 This petition is filed by the petitioner seeking to get O.P (Div) No.153/2022 transferred from the files of Family Court, Kollam to Family Court, Mavelikkara.
2.
It is stated in the petition that the petitioner is living in Mulakuzha village, Alappuzha District within the jurisdiction of Family Court, Mavelikkara. O.P.No.764/2022 filed by the petitioner for realisation of patrimony, and M.C.No.72/2022 filed by her seeking for monthly maintenance allowance are pending consideration of Family Court, Mavelikkara. True copies of the above petitions are appended to the petition on hand as Annexures A2 and A3 respectively. It is submitted that the petitioner is a home maker and is depending on her parents for sustenance of herself and her two minor children. The children are studying in MMAR School, Chengannur. The minor child is having some Neuro disability problems and is under special
Tr.P(C) No.611 of 2022 3 care and protection. The residential house of the petitioner is situated 68 kms away from Family Court, Kollam and if the Original Petition is ordered to be transferred to Family Court, Mavelikkara, the petitioner has to travel only 15 kms to reach the court.
3.
The respondent is served with notice.
Sri.G.P.Shinod, the learned counsel who has laid vakkalath for the respondent enters appearance for him and has submitted that the transfer of the Original Petition would not cause any prejudice to him, since other litigations among the parties are pending consideration of Family Court, Mavelikkara.
4.
It is found in the backdrop of the arguments advanced from either side that an order transferring the O. P (Div) No.153/2022 to Family Court, Mavelikkara, if passed would enure to the benefit of both parties to the Transfer Petition on hand.
In the result, Transfer Petition (Civil) is allowed and O.P (Div) No.153/2022 pending consideration of Family Court, Kollam is ordered to be transferred to Family Court,
Tr.P(C) No.611 of 2022 4 Mavelikkara. Family Court, Kollam shall transmit all the records pertaining to O.P.(Div) No.153/2022 to Family Court, Mavelikkara immediately for an early consideration there.
Transferee court shall take all earnest endeavours to dispose of the Original Petition now ordered to be transferred as well as the other petitions pending consideration of that court, as expeditiously as possible.
Sd/- MARY JOSEPH JUDGE NAB
Tr.P(C) No.611 of 2022 5 APPENDIX OF TR.P(C) 611/2022 PETITIONER’S ANNEXURES:
ANNEXURE A-1 TRUE PHOTOCOPY OF O.P (DIV) 153/2022 OF THE HON'BLE FAMILY COURT, KOLLAM ANNEXURE A-2 TRUE PHOTOCOPY OF O.P 764/2022 OF THE HON'BLE FAMILY COURT, MAVELIKKARA ANNEXURE A-3 TRUE PHOTOCOPY OF M.C 72/2022 OF THE HON'BLE FAMILY COURT, MAVELIKKARA RESPONDENT’S ANNEXURES: NIL //TRUE COPY// P A TO JUDGE