The Court dismissed three transfer petitions (Nos. 7, 10 & 11 of 2023) seeking to move family court cases from Thiruvalla to Ernakulam based on the petitioner's change of residence. Holding that residence-based transfers cause delay.
impugned transfer petitions dismissed
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945
TR.P(C) NO. 7 OF 2023
OP NO. 618/2021 OF FAMILY COURT, THIRUVALLA
PETITIONER:
PREETA RAJAN, AGED 47 YEARS, MADATHIL HOUSE, THUKALASSERRY, THIRUVALLA P.O, PATHANMTHITTA - 689101 NOW RESIDING AT AUSTIN GARDEN, LFC ROAD, DAN FOSS LANE, KALOOR, ERNAKULAM, PIN – 682 017. BY ADV BLOSSOM MATHEW
RESPONDENTS:
THOMAS K THOMAS, AGED 49 YEARS, KANDATHIL HOUSE, KARIKUZHY, NEERETTUPURAM P.O, ALAPPUZHA – 689 571 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MATHEW THOMAS, S/O PROF. K.K THOMAS, KANDATHIL HOUSE, KARIKUZHY, NEERETTUPURAM P.O, ALAPPUZHA, PIN – 689 571. BY ADVS. SATHISAN P. DONA AUGUSTINE(K/180/2016) V.GEETHA POTTI(K/1747/1995)
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.07.2023, ALONG WITH Tr.P(C). NOS. 10 & 11 OF 2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr. P.(C) No. 7/2023 & batch
: 2 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945
TR.P(C) NO. 10 OF 2023
O.P. NO. 97/2021 OF FAMILY COURT, THIRUVALLA
PETITIONER:
PREETA RAJAN, D/O. LATE MR. M.S. RAJAN, AGED 47 YEARS MADATHIL HOUSE, THUKALASSERRY, THIRUVALLA P.O, PATHANMTHITTA – 689 101 NOW RESIDING AT AUSTIN GARDEN, LFC ROAD, DAN FOSS LANE, KALOOR, ERNAKULAM. BY ADV BLOSSOM MATHEW
RESPONDENT:
THOMAS K THOMAS
AGED 49 YEARS, S/O. PROF. K.K. THOMAS, KANDATHIL HOUSE, KARIKUZHY, NEERETTUPURAM P.O, ALAPPUZHA – 689 571 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MATHEW THOMAS, S/O PROF. K.K THOMAS, KANDATHIL HOUSE, KARIKUZHY, NEERETTUPURAM P.O, ALAPPUZHA, PIN – 689 571.
BY ADVS. SATHISAN P. DONA AUGUSTINE(K/180/2016) V.GEETHA POTTI(K/1747/1995)
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.07.2023, ALONG WITH Tr.P(C).NO. 7/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr. P.(C) No. 7/2023 & batch
: 3 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945
TR.P(C) NO. 11 OF 2023
O.P NO. 96/2021 OF FAMILY COURT, THIRUVALLA
PETITIONER/PETITIONER:
PREETA RAJAN, D/O. LATE MR. M.S. RAJAN, AGED 47 YEARS MADATHIL HOUSE, THUKALASSERRY, THIRUVALLA P.O, PATHANMTHITTA – 689 101 NOW RESIDING AT AUSTIN GARDEN, LFC ROAD, DAN FOSS LANE, KALOOR, ERNAKULAM, PIN – 682 017. BY ADVS. BLOSSOM MATHEW THOMAS JOHN AMBOOKEN
RESPONDENT/RESPONDENT:
THOMAS K THOMAS, AGED 49 YEARS, S/O. PROF. K.K. THOMAS, KANDATHIL HOUSE, KARIKUZHY, NEERETTUPURAM P.O, ALAPPUZHA – 689 571 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, MATHEW THOMAS, S/O PROF. K.K THOMAS, KANDATHIL HOUSE, KARIKUZHY, NEERETTUPURAM P.O, ALAPPUZHA, PIN – 689 571. BY ADVS. SATHISAN P. DONA AUGUSTINE(K/180/2016) V.GEETHA POTTI(K/1747/1995)
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.07.2023, ALONG WITH Tr.P.(C) NO.7/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr. P.(C) No. 7/2023 & batch
: 4 :
P. SOMARAJAN, J.
Tr. P. (C). Nos. 7, 10 & 11 of 2023
Dated this the 10th day of July, 2023.
ORDER
These three Transfer Petitions for getting transfer of O.P. Nos.
618, 97 and 96 of 2021 pending before the Family Court, Thiruvalla.
2021, were initiated by the petitioner and at that time, she was residing at her family house situated in Thiruvalla. Now she seeks transfer of the cases to Ernakulam wherein she is at present working.
only a dismissal and I do so.
Accordingly, the Transfer Petitions are dismissed.
sd/- P. SOMARAJAN, JUDGE.
Rv
Tr. P.(C) No. 7/2023 & batch
: 5 :
APPENDIX OF TR.P(C) 7/2023
PETITIONER’S ANNEXURES:
Annexure1 TRUE COPY OF THE ORIGINAL PETITION NO.618/2021 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THIRUVALLA.
RESPONDENTS’ ANNEXURES:
ANNEXURE R1(A) TRUE COPY OF THE MEDICAL REPORT OF POWER OF ATTORNEY HOLDER
True Copy
PS To Judge.
rv
Tr. P.(C) No. 7/2023 & batch : 6 :
APPENDIX OF TR.P(C) 10/2023
PETITIONER’S ANNEXURES:
ANNEXURE1 TRUE COPY OF OP 97/2021 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVALLA ANNEXURE2 TRUE COPY OF I.A 3/2022 IN O.P NO. 97/2021 ON THE FILES OF FAMILY COURT, THIRUVALLA ANNEXURE3 TRUE COPY OF OBJECTION FILED BY THE PETITIONER IN I.A 3/2022 IN O.P NO. 97/2021 ON THE FILES OF FAMILY COURT, THIRUVALLA. ANNEXURE4 TRUE COPY OF I.A 4/2022 IN OP NO. 97/2021 ON THE FILES OF FAMILY COURT, THIRUVALLA. ANNEXURE 5 TRUE COPY OF OBJECTION FILED BY THE RESPONDENT IN I.A 4/2022 IN OP NO. 97/2021 ON THE FILES OF FAMILY COURT, THIRUVALLA
RESPONDENTS’ ANNEXURES:
ANNEXURE R1(A) THE MEDICAL RECORDS OF POWER OF ATTORNEY HOLDER
True Copy
PS To Judge.
rv
Tr. P.(C) No. 7/2023 & batch : 7 :
APPENDIX OF TR.P(C) 11/2023
PETITIONER’S ANNEXURES:
Annexure1 TRUE COPY OF ORIGINAL PETITION 96/2021 FILED BY THE PETITIONER BEFORE FAMILY COURT, THIRUVALLA Annexure2 TRUE COPY OF I.A 4/2022 IN O.P NO. 96/2021 ON THE FILES OF FAMILY COURT, THIRUVALLA Annexure3 TRUE COPY OF OBJECTION FILED BY THE PETITIONER IN I.A 4/2022 IN O.P NO. 96/2021 ON THE FILES OF FAMILY COURT, THIRUVALLA Annexure4 TRUE COPY OF I.A 5/2022 IN OP NO. 96/2021 ON THE FILES OF FAMILY COURT, THIRUVALLA ANNEXURE 5 TRUE COPY OF OBJECTION FILED BY THE RESPONDENT IN I.A 5/2022 IN OP NO. 96/2021 ON THE FILES OF FAMILY COURT, THIRUVALLA.
RESPONDENT ANNEXURES:
Annexure R1(a) TRUE COPY OF THE MEDICAL RECORDS OF POWER OF ATTORNEY HOLDER.
True Copy
PS To Judge.
rv
2 issues framed by the court
Whether transfer proceedings are maintainable solely on the ground of a change in the petitioner's residence.
Whether allowing such transfers based on residence change is contrary to the goal of expediting family litigation.
PREETA RAJAN
THOMAS K THOMAS
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
