Single judge allowed two transfer petitions seeking consolidation of civil suits in Family Court, Ernakulam, due to related issues, respondents' foreign residence, and petitioner's location.
Transfer of O.S.No.466/2018 and O.P.No.984/2018 to Family Court, Ernakulam for joint trial and disposal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941
Tr.P(C).No.721 OF 2018
AGAINST THE ORDER/JUDGMENT IN OP 984/2018 OF FAMILY COURT, NEDUMANGAD
PETITIONER/S:
GEETHA NAYAR, AGED 63 YEARS, W/O. COL. K.G. NAYAR, RESIDING AT LAKSHMI SREE, TRRA 98, THEVARAKAVU ROAD, S.N. JUNCTION, THRIPUNITHURA, ERNAKULAM - 682301.
BY ADVS. DR.THUSHARA JAMES SMT.MARIA ELIZABETH WILSON SHRI.RAYMOND GEORGE DIAS SMT.SNEHA VIJAYAN
RESPONDENT/S:
1 BIMAL PRABHU, AGED 43 YEARS, S/O. T.P. BHASKARAN NAIR, PERMANENTLY RESIDING AT ANUGRAHA, T.C. NO.10/197/9, SNRA 43 A, SWATHI NAGAR, LANE 2, PEROORKADA, THIRUVANANTHAPURAM, KERALA AND WORKING AT 5201, GREAT AMERICA PARKWAY SUITE 522, SANTA CLARA, CALIFORNIA, USA -95054.
2 DEEPTHI NAYAR, D/O. LATE COL. K.G.K. NAYAR, PRRESENTLY RESIDING AT 815 E, FREEMONT AVENUEM APARTMENT NO.48, SUNNYWALE, CA 94087, USA.
R1 BY ADV. SMT.M.HEMALATHA R1 BY ADV. SRI.S.RAMACHANDRAN NAIR R2 BY ADV. SRI.T.S.SARATH R2 BY ADV. SRI.M.KIRANLAL R2 BY ADV. SRI.MANU RAMACHANDRAN R2 BY ADV. SRI.R.RAJESH (VARKALA) R2 BY ADV. SHRI.AJAY JAYACHANDRAN R2 BY ADV. SRI.SARUN K. IDICULA
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.11.2019, ALONG WITH Tr.P(C).306/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P(C).No.721 OF 2018 & Tr.P.(C) 306 of 2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941
Tr.P(C).No.306 OF 2019
AGAINST THE ORDER/JUDGMENT IN OS 466/2018 OF PRINCIPAL MUNSIFF COURT ,TRIVANDRUM
PETITIONER/S:
GEETHA NAYAR
AGED 63 YEARS, WIFE OF LATE COL.K.G.K.NAYAR, RESIDING AT LAKSHMI SREE, TRRA 98, THEVARAKAVU ROAD, S.N.JUNCTION, THRIPPUNITHURA,ERNAKULAM682301
BY ADVS.
DR.THUSHARA JAMES SMT.MARIA ELIZABETH WILSON SMT.SNEHA VIJAYAN
RESPONDENT/S:
AGED 43 YEARS, SON OF SRI. T.P.BHASKARAN NAIR, PERMANENTLY RESIDING AT ANUGRAHA, T.C.NO.10/197/9, SNRA 43 A, SWATHI NAGAR, LANE 2, PEEROORKADA, THIRUVANANTHAPURAM, KERALA AND WORKING AT 5201, GREAT AMERICA PARKWAY SUITE 522, SANTA CLARA, CALIFORNIA, U.S.A.-95054.
2 DEEPTHI NAYAR, DAUGHTER OF LATE COL.K.G.K.NAYAR, PRESENTLY RESIDING AT 815 E, FREEMONT AVENUEM APARTMENT NO.48, SUNNYWALE, CA 94087, U.S.A.
R1 BY ADV. SMT.M.HEMALATHA R2 BY ADV. SRI.T.S.SARATH R2 BY ADV. SRI.MANU RAMACHANDRAN R2 BY ADV. SRI.M.KIRANLAL
Tr.P(C).No.721 OF 2018 & Tr.P.(C) 306 of 2019
3
R2 BY ADV. SRI.R.RAJESH (VARKALA) R2 BY ADV. SHRI.AJAY JAYACHANDRAN R2 BY ADV. SRI.SARUN K. IDICULA
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.11.2019, ALONG WITH Tr.P(C).721/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P(C).No.721 OF 2018 & Tr.P.(C) 306 of 2019
4
O R D E R
Both the above transfer petitions were filed by the
mother-in-law of the first respondent, seeking for transfer of O.S.No.466/2018 on the files of the Munsiffs Court, Thiruvananthapuram and O.P.No.984/2018 on the files of the Family Court, Nedumangad to the Family Court, Ernakulam for the trial and disposal, in
accordance with law.
petitioner. The second respondent is the daughter of the petitioner. The second respondent has no objection
in allowing the above transfer petitions.
5
Tr.P(C).No.721 OF 2018 & Tr.P.(C) 306 of 2019
for declaration. O.P.No.984/2018 was filed by the first respondent, contending that he is having right over the plaint schedule property in O.S.No.466/2018. Since the common issues arise for consideration in both the cases, it is only just and proper to try both the cases by the same court. The learned Counsel for the first respondent has submitted that since the first respondent is abroad, he is represented by his power of attorney, who is his father aged 75 years. Both the respondents are working abroad. Considering the nature of the reliefs sought for, I am of the view that the presence of the respondents is not necessary before the court on all posting dates, if they are duly represented by a lawyer. The petitioner is aged 63 years. She is residing in Ernakulam. There is nobody
6
Tr.P(C).No.721 OF 2018 & Tr.P.(C) 306 of 2019
to accompany her from her residence in Ernakulam to the Courts in Thiruvananthapuram District. Having regard to the relevant inputs, I am of the view that it is only just and proper to allow the above transfer petitions in the interest of justice. It is ordered accordingly.
In the result, these Transfer Petitions stand allowed, transferring O.S.No.466/2018 on the files of the Munsiffs Court, Thiruvananthapuram and O.P.No.984/2018 on the files of the Family Court, Nedumangad to the Family Court, Ernakulam, for the trial and disposal, in accordance with law. The case records shall be transmitted to the transferee court forthwith.
The parties shall appear before the transferee court on 10.12.2019, without further notice.
Tr.P(C).No.721 OF 2018 & Tr.P.(C) 306 of 2019
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Needless to state that the petitioner and the respondents shall be exempted from personal appearance before the transferee court on all posting
dates except when their presence is necessary for the
progress of the case, if they are duly represented by a
lawyer.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
RK/15.11.2019
Tr.P(C).No.721 OF 2018 & Tr.P.(C) 306 of 2019
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APPENDIX OF Tr.P(C) 721/2018
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 TRUE COPY OF O.P. No.984/2018 OF THE FAMILY COURT, NEDUMANGADU FILED BY THE 1ST RESPONDENT.
RESPONDENT'S/S EXHIBITS:
ANNEXURE-R1(a) TRUE COPY OF THE PLAINT IN O.S.NO.466/2018 BEFORE THE HONOURABLE MUNSIFF'S COURT OF THIRUVANANTHAPURAM
ANNEXURE-R1(b) TRUE COPY OF THE AFFIDAVIT DATED 15.03.2018
Tr.P(C).No.721 OF 2018 & Tr.P.(C) 306 of 2019
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APPENDIX OF Tr.P(C) 306/2019
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE PLAINT IN O.S.NO.466 OF 2018 OF THE COURT OF THE MUNSIFF, THIRUVANANTHAPURAM, DATED 15.3.2018 FILED BY THE PLAINTIFF/PETITIONER.
ANNEXURE A2 TRUE COPY OF THE O.P.NO.984 OF 2018 DATED 7.5.2018 ALONG WITH THE SUMMONS ISSUED BY THE FAMILY COURT, NEDUMANGADU.
ANNEXURE A3 TRUE COPY OF ORDER DATED 30.11.2018 IN I.A.NO.1 OF 2018 IN T.R.P(C) NO.721 OF 2018 OF THIS HONOURABLE COURT.
RESPONDENT'S/S EXHIBITS:NIL
3 issues framed by the court
Whether transfer of O.S.No.466/2018 from Munsiff Court, Thiruvananthapuram and O.P.No.984/2018 from Family Court, Nedumangad to the Family Court, Ernakulam is justified for joint trial.
Whether personal appearance of respondents residing abroad is necessary given their representation by power of attorney.
Whether the petitioner's residence in Ernakulam necessitates transfer to avoid undue travel burden.
Geetha Nayar
Bimal Prabhu
Deepti Nayar
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
