Transfer petition seeking transfer of a pending suit from Munsiff Court, Nedumangad to Family Court, Chavara was dismissed as the Family Court lacks jurisdiction under Section 7 of the Family Courts Act.
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 DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
TR.P(C) NO. 170 OF 2022 AGAINST THE ORDER/JUDGMENT IN OS NO.530 OF 2021 OF MUNSIFF COURT, NEDUMANGAD
PETITIONER/DEFENDANT IN OS:
SOORYA SOMAN, AGED 26 YEARS W/O. LATE SREEJITH, RESIDING AT VADUTHALA, PANAVILTHARA, PUTHENCHANTHA P.O, VADUTHALA, PIN 691 583, KOLLAM DISTRICT, PETITIONER BEING HEARING AND SPEECH IMPAIREDIS REPRESENTED BY NEXT FRIEND SOMAN, AGED 54 YEARS, S/O.LATE GOPALAKRISHNAN, PANAVILATHARAVEEDU, CHOLA MURI, PUTHENCHANTHA, P.O. PANMANA VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT.
BY ADVS. V.PREMCHAND SURYA MOHAN P. SHAJI S.
RESPONDENTS/PLAINTIFFS IN OS:
1 SREELATHA, AGED 51 YEARS W/O. SUDHARSHANAN, LATHA BHAVAN, BLOCK NO. 93 OF KOLLAYIL P.O, PERUNGAMALA VILLAGE-695 503 2 SUDHARSHANAN, AGED 66 YEARS S/O. MADHAVAN, LATHA BHAVAN, BLOCK NO. 93 OF KOLLAYIL P.O, PERUNGAMALA VILLAGE, 695 503.
BY ADV M.R.SASITH
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C) No. 170/2022
..2..
O R D E R
This transfer petition has been filed to transfer O.S.No.530 of 2021 pending before the Munsiff Court, Nedumangad to the Family Court, Chavara to try along with the connected cases pending between the parties at the Family Court.
Tr.P.(C) No. 170/2022
..3..
Court, Nedumangad challenging the jurisdiction of that court and get it
transferred to the Family Court, Chavara.
The transfer petition is dismissed accordingly.
Sd/- DR. KAUSER EDAPPAGATH, JUDGE
APA
Tr.P.(C) No. 170/2022
..4..
APPENDIX OF TR.P(C) 170/2022
PETITIONER ANNEXURES
1 issue framed by the court
Does the Family Court have jurisdiction over O.S.No.530/2021 so as to permit its transfer from the Munsiff Court to the Family Court, Chavara?
2 provisions across 1 enactments
Soorya Soman
Sreelatha
Sudharshanan
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
