Partly allowed

Reesa Rajesh, v. Dr. Rajesh Dharmarajan

Kerala HC18 Nov 2019Tr.P(C)/21/2019

Case brief

AI extract

What is this about?

This order disposed of four concurrent File Transfer Petitions filed in the High Court of Kerala. The Court rejected the husband's petition to transfer a suit to Attingal and instead allowed petitions from the wife to transfer three other suits from Attingal to Kollam, prioritizing her convenience and the location of disputed property.

What did the court decide?

Tr.P(C) No. 778/2018 and 105/2019, 21/2019, 22/2019 allowed; O.P. No. 905/2015, 906/2015, 401/2018 transferred from Attingal to Kollam; No. 778/2018 dismissed.

Reesa Rajesh, Vs Dr. Rajesh Dharmarajan — Constitutional and Fundamental Rights | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶4

MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

¶5

Tr.P(C).No.778 OF 2018

¶6

AGAINST THE ORDER/JUDGMENT IN OP 1157/2015 OF FAMILY COURT,KOLLAM

¶7

PETITIONER/S:

¶8

DR.RAJESH DARMAJAN AGED 43 YEARS S/O. DARMAJAN, AMBADI, THEKKEVILA P.O, T.R.A 168,KOLLAM

¶9

BY ADV. SRI.R.RAJESH(PULLIKADA)

¶10

RESPONDENT/S:

¶11

1 RIZA RAJESH VIJAYA VILASAM, PALAYAMKUNNU, VARKALA P.O, THIRUVANANTHAPURAM 695 146.

¶12

2 PUSHPAMMA, W/O. DHARMAJAN, AMBADI, THEKKEVILA P.O, T.R.A. 168, KOLLAM 691 016.

¶13

3 SEEMA PUTHANPURA, EZHUKONE, KOLLAM 691 005.

¶14

R1 BY ADV. SRI.K.RAMAKUMAR (SR.) R1 BY ADV. SRI.S.M.PRASANTH R1 BY ADV. SRI.G.RENJITH R1 BY ADV. SMT.R.S.ASWINI SANKAR R1 BY ADV. SRI.T.H.ARAVIND

¶15

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.11.2019, ALONG WITH Tr.P(C).105/2019, Tr.P(C).21/2019, Tr.P(C).22/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶17

PRESENT

¶18

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶19

MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

¶20

Tr.P(C).No.105 OF 2019

¶21

AGAINST THE ORDER/JUDGMENT IN OP 905/2015 OF FAMILY COURT, ATTINGAL

¶22

PETITIONER/S:

¶23

REESA RAJESH AGED 49 YEARS W/O. DR. RAJESH DHARMARAJAN, OVERSEAS CITIZEN OF INDIA (A1318840),VIJAYAVILASAM ,PALAYAMKUNU, VARKALA, THIRUVANANTHAPURAM (PLAVILA VEEDU, KANNAMBA ,VARKALA VILLAGE, VARKALA TALUK), THIRUVANANTHAPURAM

¶24

BY ADVS. SRI.P.SANJAY SMT.A.PARVATHI MENON

¶25

RESPONDENT/S:

¶26

DR.RAJESH DHARMARAJAN S/O. DHARMARAJAN, AMBADI, THEKKEVILACHERRY, MUNDAKKL VILLAGE, KOLLAM-691 005

¶27

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.11.2019, ALONG WITH Tr.P(C).778/2018, Tr.P(C).21/2019, Tr.P(C).22/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶28

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶29

PRESENT

¶30

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶31

MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

¶32

Tr.P(C).No.21 OF 2019

¶33

AGAINST THE ORDER/JUDGMENT IN OPHMA 401/2018 OF FAMILY COURT, ATTINGAL

¶34

PETITIONER/S:

¶35

REESA RAJESH, AGED 49 YEARS W/O DR. RAJESH DHARMARAJAN, OVERSEAS CITIZEN OF INDIA, (A1318840), VIJAYAVILASAM, PALAYAMKUNNU,VARKALA, THIRUVANANTHAPURAM (PLAVILA VDDEU,KANNAMBA, VARKALA VILLAGE, VARKALA TALUK),THIRUVANANTHAPURAM

¶36

BY ADVS. SRI.P.SANJAY SMT.A.PARVATHI MENON

¶37

RESPONDENT/S:

¶38

DR. RAJESH DHARMARAJAN, AGED 46 YEARS S/O DHARMARAJAN, AMBADI, THEKKEVILACHERRY, MUNDAKKAL VILLAGE, KOLLAM

¶39

R1 BY ADV. SRI.R.RAJESH(PULLIKADA)

¶40

OTHER PRESENT:

¶41

SRI.K.RAMAKUMAR -SR.

¶42

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.11.2019, ALONG WITH Tr.P(C).778/2018, Tr.P(C).105/2019, Tr.P(C).22/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶43

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶44

PRESENT

¶45

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶46

MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

¶47

Tr.P(C).No.22 OF 2019

¶48

AGAINST THE ORDER/JUDGMENT IN OP 906/2015 OF FAMILY COURT, ATTINGAL

PETITIONER/S:

REESA RAJESH

AGED 49 YEARS

W/O.DR.RAJESH DHARMARAJAN, OVERSEAS CITIZEN OF INDIA, (A1318840), VIJAYAVILASAM, PALAYAMKUNNU, VARKALA, THIRUVANANTHAPURAM (PLAVILA VEEDU, KANNAMBA, VARKALA VILLAGE, VARKALA TALUK), THIRUVANANTHAPURAM.

¶53

BY ADVS.

¶54

SRI.P.SANJAY SMT.A.PARVATHI MENON

¶55

RESPONDENT/S:

¶56

DR. RAJESH DHARMARAJAN AGED 46 YEARS S/O.DHARMARAJAN, AMBADI, THEKKEVILACHERRY, MUNDAKKAL VILLAGE, KOLLAM.

¶57

R1 BY ADV. SRI.R.RAJESH(PULLIKADA)

¶58

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.11.2019, ALONG WITH Tr.P(C).778/2018, Tr.P(C).105/2019, Tr.P(C).21/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶59

Tr.P(C).778/2018, Tr.P(C).105/2019, Tr.P(C).21/2019 & Tr.P(C).22/2019

¶60

-5-

¶61

ORDER

¶62

Tr.P(C)No.778/2018 has been filed by

¶63

the husband seeking for transferring O.P.No.1157/2015 on the files of the Family Court, Kollam to the Family Court, Attingal. The other transfer petitions have been filed by the wife seeking for transferring O.P.No.905/2015, O.P.No.906/2015 and

¶64

O.P.No.401/2018 on the files of the Family Court, Attingal to the Family Court, Kollam.

¶65

2. Heard.

¶66

3. The wife contends that the

¶67

property involved in this case is situated within the jurisdiction of the Family Court, Kollam and hence O.P.No.1157/2015 was filed

¶68

before the Family Court, Kollam, as that

¶69

Tr.P(C).778/2018, Tr.P(C).105/2019, Tr.P(C).21/2019 & Tr.P(C).22/2019

¶70

Court alone is having the jurisdiction to try the case. The reason stated by the husband seeking for the transfer of the above said case to the Family court, Attingal is the convenience of the parties. It has been submitted by the learned Advocates for the wife that it will be convenient to the wife, if all the cases are tried by the Family court, Kollam. It has been submitted by the learned Advocates for the wife that since the wife contends that the trial of the above cases before the Family Court, Kollam is convenient to the wife, it is only just and proper for this Court to give preference to her convenience. That apart, the property in dispute in

¶71

Tr.P(C).778/2018, Tr.P(C).105/2019, Tr.P(C).21/2019 & Tr.P(C).22/2019

¶72

O.P.No.1157/2015 is admittedly situated

¶73

within the jurisdiction of the Family Court, Kollam. The respondent Nos.2 and 3 in Tr.P(C)No.778/2018 and also the wife are residing in Kollam. It appears that no inconvenience will be caused to the husband in continuing the litigation before the Family Court, Kollam. The learned counsel for the husband has submitted that the husband finds it shameful to attend the Family Court, Kollam as he is a Pediatrician practicing in Kollam. That is the prime reason submitted by the learned counsel for the petitioner in support of Tr.P(C)No.778/2018. However, I do not think that the above reason is a reason

¶74

Tr.P(C).778/2018, Tr.P(C).105/2019, Tr.P(C).21/2019 & Tr.P(C).22/2019

¶75

justifying the transfer as prayed for by the husband. Having gone through the relevant inputs as discussed above, I am of the view that transferring O.P.No.1157/2015 will cause inconvenience to the wife and other respondents in Tr.P(C)No.778/2018. Since O.P.NO.1157/2015 is pending before the Family Court, Kollam and since the wife has requested for transferring the above cases to the Family Court, Kollam, I am of the view that it is only just and proper to transfer O.P.No.905/2015, O.P.No.906/2015 and O.P.No.401/2018 on the files of the Family Court, Attingal to the Family Court, Kollam, particularly when the husband is also residing in Kollam.

¶76

Tr.P(C).778/2018, Tr.P(C).105/2019, Tr.P(C).21/2019 & Tr.P(C).22/2019

¶77

-9-

¶78

¶79

stands dismissed and Tr.P(C)No.21/2019, Tr.P(C)No.22/2019 and Tr.P(C)No.105/2019

¶80

stand allowed, transferring O.P.No.401/2018, O.P.No.906/ 2015 and O.P.No.905/2015, on the files of the Family Court, Attingal to the Family Court, Kollam for the trial and disposal, in accordance with law.

¶81

Since three of the above cases pertain to the year 2015, the transferee court is directed to dispose of the above cases, in accordance with law, as expeditiously as possible, and at any rate, within eight months from the date fixed for the appearance of the parties before the transferee court.

¶82

Tr.P(C).778/2018, Tr.P(C).105/2019, Tr.P(C).21/2019 & Tr.P(C).22/2019

¶83

The case records shall be transmitted

¶84

to the transferee court forthwith.

¶85

The parties shall appear before the transferee court on 10.12.2019 without

¶86

further notice.

¶87

Sd/-

¶88

B. SUDHEENDRA KUMAR,

¶89

JUDGE

¶90

STK

¶91

Tr.P(C).778/2018, Tr.P(C).105/2019, Tr.P(C).21/2019 & Tr.P(C).22/2019

¶92

APPENDIX OF Tr.P(C) 778/2018

¶93

PETITIONER'S/S EXHIBITS:

¶94

ANNEXURE A1 THE TRUE COPY OF O.P NO. 1157/15 ON THE FILE OF THE FAMILY COURT, KOLLAM

¶95

ANNEXURE A2 THE TRUE COPY OF O.P NO. 906/15 ON THE FILE OF THE FAMILY COURT, ATTINGAL. ANNEXURE A3 THE TRUE COPY OF O.P NO. 905/15 ON THE FILE OF THE FAMILY COURT, ATTAINGAL.

¶96

Tr.P(C).778/2018, Tr.P(C).105/2019, Tr.P(C).21/2019 & Tr.P(C).22/2019

¶97

¶98

APPENDIX OF Tr.P(C) 105/2019

¶99

PETITIONER'S/S EXHIBITS:

¶100

ANNEXURE-I TRUE COPY OF THE ORDER IN OP(HMA) NO.411 OF 1998 BEFORE THE FAMILY COURT KOLLAM DATED 23.9.2000 WITH THE PETITION THEIR ON

¶101

ANNEXURE-II TRUE COPY OF THE PLAINT IN O.P.NO.905 OF 2015 BEFORE THE FAMILY COURT, ATTINGAL, DATED 24.08.2015

¶102

ANNEXURE-III TRUE COPY OF THE PETITION IN OP NO.1157 OF 2015 BEFORE THE FAMILY COURT,KOLLAM

¶103

Tr.P(C).778/2018, Tr.P(C).105/2019, Tr.P(C).21/2019 & Tr.P(C).22/2019

¶104

:: 13 ::

¶105

APPENDIX OF Tr.P(C) 21/2019

¶106

PETITIONER'S/S EXHIBITS:

¶107

ANNEXURE 1 TRUE COPY OF THE ORDER IN OP(HMA) NO 411 OF 1998 BEFORE THE FAMILY COURT KOLLAM DATED 23.9.2000 WITH THE PETITION THEIR ON ANNEXURE 11 TRUE COPY OF THE PETITION IN OP NO 1157 OF 2015 BEFORE THE FAMILY COURT, KOLLAM ANNEXURE 111 TRUE COPY OF THE PETITION IN OP (HMA) NO 401 OF 2018 BEFORE THE FAMILY COURT, ATTINGAL DATED 28.3.3018

¶108

Tr.P(C).778/2018, Tr.P(C).105/2019, Tr.P(C).21/2019 & Tr.P(C).22/2019

¶109

¶110

APPENDIX OF Tr.P(C) 22/2019

¶111

PETITIONER'S/S EXHIBITS:

¶112

ANNEXURE I TRUE COPY OF THE ORDER IN OP(HMA) NO.411 OF 1998 BEFORE THE FAMILY COURT KOLLAM DATED 23.9.2000 WITH THE PETITION THEIR ON.

¶113

ANNEXURE II TRUE COPY OF THE PETITION IN OP NO.906/2015 BEFORE THE FAMILY COURT, ATTINGAL DATED 24.8.2015.

¶114

ANNEXURE III TRUE COPY OF THE PETITION IN OP NO.1157 OF 2015 BEFORE THE FAMILY COURT, KOLLAM.

Reesa Rajesh, v. Dr. Rajesh Dharmarajan

Case brief

What is this about?

What did the court decide?

Reesa Rajesh, v. Dr. Rajesh Dharmarajan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Tom Thomas, Vs Annamma

Gayathri Devi Vs Jayan R.

Gopi T.N. Vs State of Kerala

Reesa Rajesh Vs Dr. Rajesh Dharmarajan

Reesa Rajesh Vs Dr.Rajesh Dharmarajan

Iffco Tokio General Insurance Company Limited Vs John Sekhar